21st Century Insurance Company v. United States of America et al
Filing
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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)
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
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Attorneys for Defendants United States and
6 United States Department of Agriculture
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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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21ST CENTURY INSURANCE COMPANY,
Plaintiff,
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v.
UNITED STATES OF AMERICA: and
UNITED STATES DEPARTMENT OF
AGRICULTURE,
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STIPULATION AND ORDER TO
SUBSTITUTE THE UNITED STATES IN
PLACE OF DEFENDANT UNITED STATES
DEPARTMENT OF AGRICULTURE
Defendants.
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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.”).
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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
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Respectfully submitted,
2 DATED: December 16, 2016
PHILLIP A. TALBERT
United States Attorney
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/s/ Chi Soo Kim
CHI SOO KIM
Assistant United States Attorney
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Attorneys for United States and
United States Department of Agriculture
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9 DATED: December 16, 2016
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BENSON LEGAL, APC
/s/ Susan M. Benson
SUSAN M. BENSON
Attorneys for Plaintiff 21st Century Insurance Co.
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ORDER
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IT IS SO ORDERED.
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17 Dated: December 22, 2016
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Troy L. Nunley
United States District Judge
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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
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