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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SANJAY BHATNAGAR, Case No. 14-cv-00327-MEJ Plaintiff, 8 ORDER GRANTING REQUEST TO SUBSTITUTE IN PROPER DEFENDANT v. 9 10 THE PRESIDIO TRUST, Re: Dkt. No. 38 Defendant. United States District Court Northern District of California 11 12 13 As part of its pending Motion to Dismiss (Dkt. No. 38), Defendant The Presidio Trust has 14 filed a request to substitute in The United States of America as the proper defendant in this case. 15 With respect to tort claims brought against the federal government under the Federal Tort Claims 16 Act, the United States is the only proper defendant. See 28 U.S.C. ยง 2679; Kennedy v. U.S. Postal 17 Service, 145 F.3d 1077, 1078 (9th Cir. 1998). Thus, the Court hereby DISMISSES the Presidio 18 Trust and substitutes the United States as the proper defendant in this case. The caption shall be 19 changed accordingly. 20 IT IS SO ORDERED. 21 22 23 24 25 26 27 28 Dated: May 11, 2015 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge

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