Lindfors v. Enterprise-Rent-A-Car Company of San Francisco et al

Filing 21

ORDER GRANTING 7 DEFENDANT'S MOTION TO DISMISS. Ronald Henry Berg is dismissed with prejudice. The United States is dismissed without prejudice. Signed by Judge Maxine M. Chesney on March 27, 2013. (mmclc2, COURT STAFF) (Filed on 3/27/2013)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 For the Northern District of California United States District Court 10 MELISSA LINDFORS, 11 12 13 14 No. C 13-0851 MMC Plaintiff, ORDER GRANTING DEFENDANT’S MOTION TO DISMISS v. ENTERPRISE-RENT-A-CAR COMPANY OF SAN FRANCISCO, RONALD HENRY BERG, DOES 1-30, 15 Defendants. / 16 17 Before the court is defendant United States of America’s Motion to Dismiss, filed 18 March 4, 2013.1 By said motion the United States seeks an order (1) dismissing defendant 19 Ronald Henry Berg with prejudice for the reason that said individual is no longer a proper 20 defendant to the action, and (2) dismissing the United States without prejudice for the 21 reason that plaintiff has not complied with the exhaustion requirement of the Federal Tort 22 Claims Act, 28 U.S.C. § 2671 et seq. On March 22, 2013, plaintiff filed a Non-Opposition to 23 Defendant’s Motion to Dismiss. Having read and considered the papers filed in support of 24 and in response to the motion, the Court finds the matter suitable for decision on the 25 26 27 28 1 The Chief of the Civil Division of the United States Attorney’s Office has certified that defendant Ronald Henry Berg was acting within the course and scope of his employment with the Federal Deposit Insurance Corporation at all times material to plaintiff’s claim. (See Certification, filed Feb. 26, 2013). Consequently, the instant action is “deemed to be an action . . . brought against the United States,” and the United States is “substituted as the party defendant” by operation of law. See 28 U.S.C. § 2679(d)(2). 1 parties’ respective written submissions, VACATES the hearing scheduled for April 12, 2 2013, and hereby GRANTS the motion. 3 Accordingly, plaintiff’s claims against Ronald Henry Berg are hereby DISMISSED 4 with prejudice and plaintiff’s claims against the United States are hereby DISMISSED 5 without prejudice to plaintiff’s refiling said claims after compliance with the above- 6 referenced exhaustion requirement. 7 IT IS SO ORDERED. 8 9 Dated: March 27, 2013 MAXINE M. CHESNEY United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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