State Farm Mutual Automobile Insurance Company v. United States of America

Filing 19

ORDER GRANTING re 18 Stipulation of Dismissal without Prejudice filed by United States of America. Signed by Judge Joseph C. Spero on 3/24/15. (klhS, COURT STAFF) (Filed on 3/24/2015)

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MELINDA HAAG (CABN 132612)
United States Attorney
ALEX G. TSE (CABN 152348)
Chief, Civil Division
MARK R. CONRAD (CABN 255667)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Defendant
Richard L. Mahfouz II (SBN 246739)
CLERKIN, SINCLAIR & MAHFOUZ, LLP
701 B Street, Suite 1160
San Diego, CA 92101
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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STATE FARM AUTOMOBILE
INSURANCE COMPANY,

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Plaintiffs,
v.
UNITED STATES OF AMERICA,
Defendant.

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STIP TO DISMISS WITHOUT PREJUDICE
Case No. C 14-05571 JCS

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CASE NO. C 14-05571 JCS
STIPULATION OF DISMISSAL
WITHOUT PREJUDICE PURSUANT TO
RULE 41(a)(1)(A)(ii)

WHEREAS, Plaintiff State Farm Automobile Insurance Company (“State Farm”) filed the

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2 above-captioned action on December 22, 2014, see Dkt. No. 1;
WHEREAS, Plaintiff served the United States Attorney’s Office with a copy of the Complaint

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4 on February 26, 2015; served the United States Department of Defense with a copy of the Complaint on
5 March 10, 2015; and served the Attorney General of the United States with a copy of the Complaint on
6 March 11, 2015, see Dkt. Nos. 10-13;
WHEREAS, pursuant to the Federal Tort Claims Act (“FTCA”), “[a]n action shall not be

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8 instituted upon a claim against the United States for money damages for injury or loss of property or
9 personal injury or death caused by the negligent or wrongful act or omission of any employee of the
10 Government while acting within the scope of his office or employment, unless the claimant shall have
11 first presented the claim to the appropriate Federal agency and his claim shall have been finally denied
12 by the agency in writing and sent by certified or registered mail,” 28 U.S.C. § 2675(a);
WHEREAS, Plaintiff alleges and asserts that a claim against the United States in connection

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14 with the events giving rise to this action was served upon the United States, and that no response to its
15 administrative complaint was ever received, see Dkt. No. 1 ¶ 14;
WHEREAS, Defendant United States of America denies that an administrative claim was

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17 presented as required by the FTCA and, accordingly, asserts that the above-captioned matter is subject
18 to dismissal under Rule 12(b)(1), see Caton v. United States, 495 F.2d 635, 638 (9th Cir. 1974);
WHEREAS, the parties wish to avoid the time, expense, and burden of litigating the fact or

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20 adequacy of State Farm’s presentation of its administrative claim and the corollary issue of whether this
21 Court has subject matter jurisdiction over the claim presented;
NOW, THEREFORE, by and through their undersigned counsel in this action, the parties hereby

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23 stipulate and agree as follows:
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STIP TO DISMISS WITHOUT PREJUDICE
Case No. C 14-05571 JCS

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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the above-referenced action shall be,

2 and hereby is, dismissed without prejudice, each party to bear its own costs in the matter.
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Respectfully submitted,

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MELINDA HAAG
United States Attorney

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/s/ Mark R. Conrad
MARK R. CONRAD
Assistant United States Attorney

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11 DATED: March 20, 2015

CLERKIN, SINCLAIR & MAHFOUZ, LLP

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Spero

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Judge Jo

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Dated: 3/24/15

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/s/ Richard L. Mahfouz II
RICHARD L. MAHFOUZ II
Attorney for Plaintiff

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STIP TO DISMISS WITHOUT PREJUDICE
Case No. C 14-05571 JCS

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