City of Suisun, California v. Department of Homeland Security et al

Filing 8

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 12/6/13 GRANTING the substitution of the United States as Defendant in place of the Department of Homeland Security and the United States Coast Guard. (Becknal, R)

1 BENJAMIN B. WAGNER
United States Attorney
2 CHI SOO KIM
Assistant U.S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814-2322
4 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Federal Defendants
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7 WILLIAM G. WHEATLEY, JR.
MARK H. BAKER
8 WHEATLEY BINGHAM & BAKER LLP
462 Stevens Avenue, Suite 109
9 Solana Beach, CA 92075
Telephone: [phone]
10 Facsimile: [phone]
11 Attorney for Plaintiff CITY OF SUISUN, CALIFORNIA
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THE UNITED STATES DISTRICT COURT

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THE EASTERN DISTRICT OF CALIFORNIA

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16 CITY OF SUISUN, CALIFORNIA,

Case No. 2:13-cv-02399 MCE-KJN

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Plaintiff,

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v.

STIPULATION TO SUBSTITUTE UNITED
STATES OF AMERICA AS DEFENDANT
AND ORDER

19 DEPARTMENT OF HOMELAND
SECURITY; UNITED STATES COAST
20 GUARD; JOSHUA MATTHEW ETHERIDGE,
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Defendants.
Defendant Department of Homeland Security, Defendant United States Coast Guard, and
Plaintiff City of Suisun, California, by and through their respective counsel, stipulate to substitute
the United States as Defendant in place of the Department of Homeland Security and the United
States Coast Guard. The United States is the only proper party defendant for claims under the
Federal Tort Claims Act. 28 U.S.C. §§ 1346(b)(1) and 2679(a); FDIC v. Craft, 157 F.3d 697, 706
(9th Cir. 1998) (“The FTCA is the exclusive remedy for tortious conduct by the United States, and it
Notice of Substitution of United States
of America as Defendant and Order

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1 only allows claims against the United States. Although such claims can arise from the acts or
2 omissions of United States agencies (28 U.S.C. § 2671), an agency itself cannot be sued under the
3 FTCA.”).
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5 DATED: November 25, 2013

BENJAMIN B. WAGNER
United States Attorney

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By:

/s/ Chi Soo Kim
CHI SOO KIM
Assistant United States Attorney

By:

/s/ Mark H. Baker
MARK H. BAKER
Attorney for Plaintiff City of Suisun,
California

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10 DATED: November 26, 2013
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ORDER
IT IS SO ORDERED.
Dated: December 6, 2013

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Notice of Substitution of United States
of America as Defendant and Order

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