Adams et al v. Canal Barge Co Inc et al

Filing 19

ORDER granting 18 Motion to Substitute Party. Claims set forth in the Plaintiffs' First Supplemental and Amending Complaint for Damages are dismissed with respect to the claims against individual defendants Mitchell Bradley and Patrick Mouto n. IT IS FURTHER ORDERED that the caption of this action shall be amended to reflect the substitution of the United States as the sole defendant for claims arising from actions of federal employees. Mitchell Bradley (in his individual & official capacities) and Patrick Mouton (in his individual & official capacities) terminated. Signed by Magistrate Judge Karen L Hayes on 12/13/2013. (crt,Yocum, M)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
BOYD ADAMS, et al,
CIVIL ACTION NO. 6:12-CV-00348

Plaintiffs,
v.

JUDGE ROBERT G. JAMES

CANAL BARGE CO, INC., et al,

MAGISTRATE JUDGE KAREN L. HAYES

Defendants.
XXXXXXXXX
[PROPOSED] ORDER
The Court, having been fully apprised that the Attorney General’s designee has certified
that Mitchell Bradley and Patrick Mouton were acting within the scope of their employment at
the time of the incident giving rise to this suit, and the Court having been apprised of the
substitution of the United States, it is hereby;
ORDERED that pursuant to the provisions of 28 U.S.C. § 2679(d)(1); 46 U.S.C. §
30101(c)(1); and 46 U.S.C. § 30904, the claims set forth in the Plaintiffs’ First Supplemental and
Amending Complaint for Damages (ECF No. 12) are dismissed with respect to the claims
against individual defendants Mitchell Bradley and Patrick Mouton, on the ground that the
exclusive remedy for these claims is an action against the United States and because the United
States has been substituted as the sole defendant on those claims.
It is further ORDERED that the caption of this action shall be amended to reflect the
substitution of the United States as the sole defendant for claims arising from actions of federal
employees;
SO ORDERED.
December 13, 2013
DATED: _________________

_______________________________
UNITED STATES MAGISTRATE JUDGE
KAREN L. HAYES