Weeks-Anderegg v. United States of America, et al

Filing 9

ORDER that Federal Defendant Kathrynne Alexine McPherson is dismissed from this action. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the United States of America has been substituted as a Federal Defendant in this case. The caption of thi s action shall be amended to reflect the substitution of the United States of America in place of Federal Defendant Kathrynne Alexine McPherson. Signed by Judge Gloria M. Navarro on 4/16/2013. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 FRANCES M. WEEKS-ANDEREGG, 9 10 Plaintiff, v. 11 UNITED STATES OF AMERICA; CIVIL AIR PATROL FOUNDATION, INC., an Alabama 12 Domestic Non-Profit Corporation d/b/a CIVIL AIR PATROL, INC.; DOES I-XV, inclusive; 13 and ROE BUSINESS ENTITIES I-XV, inclusive, 14 Defendants. 15 16 17 ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:13-CV-00610-GMN-(VCF) ORDER This Court having been apprised by the United States of America that Daniel G. Bogden, United 18 States Attorney for the District of Nevada, an authorized representative of the Attorney General of the 19 United States of America, has certified that Federal Defendant Kathrynne Alexine McPherson was acting 20 within the course and scope of her duties as she carried out the mission assigned by the Secretary of the 21 Air Force as a member of the Civil Air Patrol at all times relevant to the events alleged in Plaintiff’s 22 Complaint pursuant to 28 U.S.C. §§ 2679(b)(1) and (d)(2) and 10 U.S.C. § 9442(b)(2) and having been 23 apprised of the Substitution of the United States of America in place of Federal Defendant Kathrynne 24 Alexine McPherson pursuant to 28 U.S.C. §§ 2679(b)(1) and (d)(2) and 10 U.S.C. § 9442(b)(2), 25 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Federal Defendant Kathrynne 26 Alexine McPherson is dismissed from this action on the grounds that the exclusive remedy for such claim 1 is an action against the United States of America pursuant to 28 U.S.C. §§ 2679(b)(1) and (d)(2) and 10 2 U.S.C. § 9442(b)(2); 3 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the United States of America 4 has been substituted as a Federal Defendant in this case; 5 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the caption of this action shall 6 be amended to reflect the substitution of the United States of America in place of Federal Defendant 7 Kathrynne Alexine McPherson. 8 9 10 11 DATED this 16th day of April, 2013. UNITED STATES DISTRICT ________________________________JUDGE Gloria M. Navarro United States District Judge DATED: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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