State Farm Mutual Automobile Insurance Company v. United States of America et al

Filing 13

ORDER signed by Judge Pamela Pepper on 7/11/2017 GRANTING 9 Government's Motion to Substitute Party and ORDERING that the United States of America is substituted for defendant Bradley Strohbusch. (cc: all counsel) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY
Plaintiff,
v.

Case No. 17-cv-633-pp

UNITED STATES OF AMERICA
and BRADLEY STROHBUSCH,
Defendants.

ORDER GRANTING MOTION TO SUBSTITUTE PARTY (DKT. NO. 9)
On July 7, 2017, defendant United States of America moved, under 28
U.S.C. §2679, to substitute the United States of America for individual
defendant Bradley Strohbusch, leaving the United States as the lone
defendant. Dkt. No. 9. In support of the motion, the United States Attorney,
acting under the authority delegated by the Attorney General under 28 C.F.R.
§15.4, certified that at all relevant times, Bradley Strohbusch was an employee
of the United States Postal Service acting within the scope of his employment
with respect to the incidents referred to in the complaint. Id.
Title 28 United States Code Section 2679(d)(1) provides:
Upon certification by the Attorney General that the
defendant employee was acting within the scope of his office
or employment at the time of the incident out of which the
claim arose, any civil action or proceeding commenced upon
such claim in a United States district court shall be deemed
an action against the United States under the provisions of
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this title and all references thereto, and the United States
shall be substituted as the party defendant.
Because the United States Attorney has certified that Bradley
Strohbusch was an employee of the United States during the period relevant to
the complaint, the court GRANTS the motion to substitute party under 28
U.S.C. §2679(d)(1). Dkt. No. 9. The court ORDERS that the United States of
America is substituted for defendant Bradley Strohbusch, making the United
States the sole defendant in the case.
Dated in Milwaukee, Wisconsin this 11th day of July, 2017.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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