Sanchez-Federico et al v. Warren et al

Filing 8

ORDER Granting 7 Motion to Substitute Party. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Federal Defendant Benjamin Davis Warren is dismissed from this action on the grounds that the exclusive remedy for such claims is an action against the United States of America pursuant to 28 U.S.C. §§ 2679(b)(1), (d)(2) and 2671. Signed by Magistrate Judge Carl W. Hoffman on 2/13/2018.; Benjamin Davis Warren terminated. (Copies have been distributed pursuant to the NEF - ADR)

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Case 2:17-cv-02568-GMN-CWH Document 7-2 Filed 01/24/18 Page 2 of 3 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 RUBEN SANCHEZ-FEDERICO and ESTELA GARCIA-FEDERICO, 8 9 10 11 Plaintiffs, v. UNITED STATES OF AMERICA, et al., Defendants. 12 ) ) Case No. 2:17-cv-02568-GMN-CWH ) ) ) [PROPOSED] ORDER ) ) ) ) ) ) 13 14 This Court having been apprised by the United States of America that Dayle Elieson, 15 United States Attorney for the District of Nevada, an authorized representative of the Attorney 16 General of the United States of America, has certified that Federal Defendant Benjamin Davis 17 Warren was acting within the course and scope of his duties as an employee of the United 18 States Air Force at all times relevant to the events alleged in Plaintiff’s Complaint pursuant to 19 28 U.S.C. §§ 2679(b)(1), (d)(2) and 2671 and having been apprised of the Substitution of the 20 United States of America in place of Federal Defendant Benjamin Davis Warren pursuant to 28 21 U.S.C. §§ 2679(b)(1) (d)(2) and 2671, 22 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Federal Defendant 23 Benjamin Davis Warren is dismissed from this action on the grounds that the exclusive remedy 24 for such claims is an action against the United States of America pursuant to 28 U.S.C. §§ 25 2679(b)(1), (d)(2) and 2671; 26 27 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the United States of America has been substituted as a Federal Defendant in this case; 28 1 Case 2:17-cv-02568-GMN-CWH Document 7-2 Filed 01/24/18 Page 3 of 3 1 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the caption of 2 this action is and shall hereafter be modified as shown above to reflect the substitution of the 3 United States of America in place of Federal Defendant Benjamin Davis Warren. 4 5 ________________________________ UNITED STATES DISTRICT JUDGE 6 DATED: ________________________ 7 8 9 February 13, 2018 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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