Ledwith, Maximillian v. Access Community Health et al

Filing 9

ORDER consistent with the provisions of 28 U.S.C. § 2679(b) and § 2679(d)(2), that: the United States is added as a defendant to the claims set forth in the complaint; Those claims are DISMISSED with respect to both of the originally named defendants on the ground that the exclusive remedy for these claims is an action against the United States; and The caption of this case shall be amended to reflect the substitution of the United States as the sole defendant. Signed by District Judge William M. Conley on 7/24/2018. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MAXIMILLIAN LEDWITH,
Plaintiff,

ORDER

v.
Case No. 17-cv-894-wmc
UNITED STATES OF AMERICA,
Defendant.
Having been fully apprised that the Attorney General’s designee has certified the
individual defendant, Joh Wiederholt, DDS (“Dr. Widerholt”), and his employer,
defendant Madison Community Health Center, Inc. d/b/a Access Community Health
Centers, were acting within the scope of their employment as employee and agent of the
United States, respectively, at the time of the incident giving rise to this suit; having been
apprised of the proposed substitution of the United States pursuant to the Federally
Supported Health Centers Act of 1992 (Pub. L. 102-501) and 42 U.S.C. § 233(a)-(c), and
the Federal Employees Liability Reform and Tort Compensation Act of 1988 § 6 (Pub. L.
100-694, 102 Stat. 4563) and 28 U.S.C. § 2679(d)(2); and having received no objection
from plaintiff,

ORDER
IT IS ORDERED, consistent with the provisions of 28 U.S.C. § 2679(b) and
§ 2679(d)(2), that:
1. The United States is added as a defendant to the claims set forth in the complaint;

2. Those claims are DISMISSED with respect to both of the originally named
defendants on the ground that the exclusive remedy for these claims is an action
against the United States; and
3. The caption of this case shall be amended to reflect the substitution of the United
States as the sole defendant.
Entered this 25th day of July, 2018.
BY THE COURT:
/s/
WILLIAM M. CONLEY
District Judge