21st Century Insurance Company v. United States of America et al

Filing 13

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/22/2016 SUBSTITUTING the United States as Defendant in place of Defendant United States Department of Agriculture. United States Department of Agriculture TERMINATED. (Jackson, T)

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1 PHILLIP A. TALBERT United States Attorney 2 CHI SOO KIM Assistant United States Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 5 Attorneys for Defendants United States and 6 United States Department of Agriculture 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 21ST CENTURY INSURANCE COMPANY, Plaintiff, 13 14 15 16 v. UNITED STATES OF AMERICA: and UNITED STATES DEPARTMENT OF AGRICULTURE, 18 20 21 22 23 24 25 26 27 STIPULATION AND ORDER TO SUBSTITUTE THE UNITED STATES IN PLACE OF DEFENDANT UNITED STATES DEPARTMENT OF AGRICULTURE Defendants. 17 19 CASE NO. 2:16-cv-01524 TLN-KJN Defendant United States, Defendant United States Department of Agriculture, and Plaintiff 21st Century Insurance Co., by and through their respective counsel, stipulate to substitute the United States as Defendant in place of Defendant United States Department of Agriculture. 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 3679(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 only allows claims against the United States. Although such claims can arise from the acts or omissions of United States Agencies (28 U.S.C. § 2671), an agency itself cannot be sued under the FTCA.”). /// 28 30 STIPULATION AND ]ORDER TO SUBSTITUTE THE UNITED STATES IN PLACE OF DEF. U.S. DEPARTMENT OF AGRICULTURE 21ST Century Insurance Co. v. United States, et al., Case No. 2:16-cv-01524 TLN-KJN 1 1 Respectfully submitted, 2 DATED: December 16, 2016 PHILLIP A. TALBERT United States Attorney 3 /s/ Chi Soo Kim CHI SOO KIM Assistant United States Attorney 4 5 Attorneys for United States and United States Department of Agriculture 6 7 8 9 DATED: December 16, 2016 10 BENSON LEGAL, APC /s/ Susan M. Benson SUSAN M. BENSON Attorneys for Plaintiff 21st Century Insurance Co. 11 12 13 ORDER 14 15 IT IS SO ORDERED. 16 17 Dated: December 22, 2016 18 19 20 Troy L. Nunley United States District Judge 21 22 23 24 25 26 27 28 30 STIPULATION AND ORDER TO SUBSTITUTE THE UNITED STATES IN PLACE OF DEF. U.S. DEPARTMENT OF AGRICULTURE 21ST Century Insurance Co. v. United States, et al., Case No. 2:16-cv-01524 TLN-KJN 2

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