Carloni v. McDougal

Filing 26

ORDER Granting 4 Motion to Substitute Party. IT IS FURTHER ORDERED that the caption for this action is hereby modified to reflect the substitution of the United States for Shane McDougal, as the defendant in this matter. Signed by Judge Jennifer A. Dorsey on 10/11/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:17-cv-01917-JAD-GWF Document 4-2 Filed 07/19/17 Page 2 of 2

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7

ADAM CARLONI,

8
9
10

Plaintiff,
v.
SHANE MCDOUGAL,

11

Defendant.

12

)
) Case No. 2:17-cv-01917-JAD-GWF
)
)
)
)
ORDER
)
)
ECF No. 4
)
)

13

THIS COURT, having been fully apprised that the Acting United States Attorney for the

14

District of Nevada has certified that the individual federal defendant, Sergeant First Class Shane

15

McDougal, was acting within the scope of federal employment or office at the time of the events

16

alleged in the complaint, and the Court having been apprised of the substitution of the United

17

States as defendant for the asserted tort claims by operation of law pursuant to 28 U.S.C. §

18

2679(d)(2),

19

IT IS HEREBY ORDERED that pursuant to 28 U.S.C. § 2679(b)(1), (d)(2), Shane

20

McDougal is dismissed from this action on the grounds that the exclusive remedy for tort claims

21

which arise from the negligent or wrongful acts or omissions of federal employees acting within

22

the scope of their office or employment is an action against the United States, and the United

23

States has been substituted for Shane McDougal as the defendant for such tort claims.

24
25
26
27
28

IT IS FURTHER ORDERED that the caption for this action is hereby modified to
reflect the substitution of the United States for Shane McDougal, as the defendant in this matter.
_____________________________________
_________ _____
_ _ __
____ __
UNITED STATES DISTRICT JUDGE
ES DISTRICT JU
S DIS
CT
CT
DATED:______________________________