Herron v. Jackson, III et al

Filing 10

ORDER Granting 7 Stipulation of Dismissal without prejudice as to defendant United States of America. Signed by Chief Judge Gloria M. Navarro on 2/1/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-03051-GMN-GWF Document 7 Filed 01/22/18 Page 1 of 3

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DAYLE ELIESON
United States Attorney
District of Nevada
MARK E. WOOLF
LINDSY M. ROBERTS
Assistant United States Attorneys
501 Las Vegas Boulevard South, Suite 1100
Las Vegas, Nevada 89101
Telephone: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for the United States.
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ELOISE HERRON,

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Plaintiff,

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v.
UNITED STATES OF AMERICA, et al.,

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Defendants.

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Case No. 2:17-cv-03051-GMN-GWF
STIPULATION AND ORDER OF
VOLUNTARY DISMISSAL
WITHOUT PREJUDICE

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IT IS HEREBY STIPLUATED AND AGREED, by and between Plaintiff Eloise Herron

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(“Herron”) and Defendant United States of America (“United States”), the complaint filed as

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against the United States in the above-entitled case by Plaintiff Herron (attached as Exhibit A to

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the United States’ Petition for Removal, (ECF No. 1)) shall be voluntarily dismissed without

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Case 2:17-cv-03051-GMN-GWF Document 7 Filed 01/22/18 Page 2 of 3

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prejudice. 1 Each party shall bear their own costs and attorney’s fees.

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Respectfully submitted this 22nd day of January 2018.

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DAYLE ELIESON
United States Attorney

GLEN LERNER INJURY ATTORNEYS

/s/ Mark E. Woolf
MARK E. WOOLF
LINDSY M. ROBERTS
Assistant United States Attorneys

/s/ Joshua L. Benson
JOSHUA L. BENSON
Attorneys for Plaintiff

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IT IS SO ORDERED:

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GLORIA M. NAVARRO
United States District Judge

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DATED: February 1, 2018

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The United States filed a Notice of Substitution (ECF No. 2) pursuant to 28 U.S.C. § 2679(b)(1) and (d), which
provides that suit against the United States, and not an individual, is the exclusive remedy for negligence claims
against a government employee arising out of acts performed within the scope of his or her employment.
Individually named Defendant Mister Jonathan Jackson, III, has been certified as acting within the course and scope
of his employment at the time of the incident out of which the claim arises (see Exhibit A attached to the United
States’ Notice of Substitution), meaning the claims asserted against him are claims against the United States.

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Case 2:17-cv-03051-GMN-GWF Document 7 Filed 01/22/18 Page 3 of 3

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CERTIFICATE OF SERVICE
I, Mark E. Woolf, certify that the STIPULATION AND ORDER OF VOLUNTARY

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DISMISSAL WITHOUT PREJUDICE was served on all parties via the Court’s Electronic

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Case Filing system.

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Dated this 22nd day of January 2018.

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/s/ Mark E. Woolf
MARK E. WOOLF
Assistant United States Attorney

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