Bhatnagar v. United States of America

Filing 43

ORDER Granting Request to Dismiss the Presidio Trust and Substitute in the United States of America as the Proper Defendant. Signed by Judge Maria-Elena James on 5/11/2015. (cdnS, COURT STAFF) (Filed on 5/11/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SANJAY BHATNAGAR,

Case No. 14-cv-00327-MEJ

Plaintiff,
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ORDER GRANTING REQUEST TO
SUBSTITUTE IN PROPER
DEFENDANT

v.
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THE PRESIDIO TRUST,

Re: Dkt. No. 38

Defendant.

United States District Court
Northern District of California

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As part of its pending Motion to Dismiss (Dkt. No. 38), Defendant The Presidio Trust has

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filed a request to substitute in The United States of America as the proper defendant in this case.

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With respect to tort claims brought against the federal government under the Federal Tort Claims

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Act, the United States is the only proper defendant. See 28 U.S.C. § 2679; Kennedy v. U.S. Postal

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Service, 145 F.3d 1077, 1078 (9th Cir. 1998). Thus, the Court hereby DISMISSES the Presidio

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Trust and substitutes the United States as the proper defendant in this case. The caption shall be

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changed accordingly.

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IT IS SO ORDERED.

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Dated: May 11, 2015
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MARIA-ELENA JAMES
United States Magistrate Judge