Southall v. United States Postal Service et al

Filing 14

STIPULATION AND ORDER TO SUBSTITUTE USA AS PARTY DEFENDANT for the US Postal Service and John Carriaga. Signed by Judge Joseph C. Spero on 4/16/09. (klh, COURT STAFF) (Filed on 4/16/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TERRY D. BULLER, S.B. #70315 Professional Corporation 1418 Lakeside Drive Oakland, CA 94612 (510) 832-4295 Attorney for Plaintiff JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division NEILL T. TSENG (CSBN 220348) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-7155 FAX: (415) 436-6927 neill.tseng@usdoj.gov Attorneys for Federal Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ANGELA SOUTHALL, Plaintiff, v. UNITED STATES POSTAL SERVICE, JOHN CARRIAGA, DOES 1-20, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) No. C 09-00563 JCS STIPULATION TO SUBSTITUTE UNITED STATES OF AMERICA AS PARTY DEFENDANT; [PROPOSED] ORDER Subject to the approval of the Court, the parties hereby stipulate that the United States of America shall be substituted as the party defendant for the United States Postal Service and John Carriaga. This substitution is required because the Attorney General, through the Chief of the Civil Division of the United States Attorney's Office for the Northern District of California, has certified that defendant John Carriaga was acting within the course and scope of his employment STIP. TO SUBSTITUTE USA AS PARTY DEF.; [PROPOSED] ORDER C 09-00563 JCS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 with respect to the matters alleged in the complaint. (Doc. #8.) Pursuant to 28 U.S.C. § 2679(d)(1), the United States of America should be substituted for John Carriaga as the party defendant. Pursuant to 28 U.S.C. § 2679(a), the United States Postal Service is not a proper defendant and the United States of America should be substituted as the party defendant. Respectfully submitted, DATED: /s/ TERRY D. BULLER Attorney for Plaintiff JOSEPH P. RUSSONIELLO United States Attorney DATED: /s/ NEILL T. TSENG Assistant United States Attorney Attorneys for Federal Defendants PURSUANT TO STIPULATION, IT IS SO ORDERED: ISTRIC ES D TC AT T RT U O UNIT ED S DATED: 4/16/09 ER N F D IS T IC T O R STIP. TO SUBSTITUTE USA AS PARTY DEF.; [PROPOSED] ORDER C 09-00563 JCS A C LI ______________________S__r_______________ pe o HONORABLEJudge Joseph C. SPERO JOSEPH C. UNITED STATES MAGISTRATE JUDGE FO NO R NIA RT H

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