(PS) Stewart v. Dept. of Agriculture-Food And Safety Inspection Service

PAHctIiLnLg IUPn Ait.e Td ASLtaBteEsR ATtt orney

RACHEL R. DAVIDSON

Assistant United States Attorney

501 I Street, Suite 10-100

Sacramento, CA 95814

Telephone: (916) 554-2731

E-mail: [email protected]

Attorneys for Defendant

UNITED STATES OF AMERICA

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LANCE STEWART, Case No. 2:21-CV-01246-KJM-JDP

Plaintiffs, STIPULATION TO SUBSTITUTE UNITED STATES OF AMERICA AS DEFENDANT FOR v. DEPARTMENT OF AGRICULTURE AND ORDER

LORRAINE LEUNG, THE UNITED STATES

DEPARTMENT OF AGRICULTURE-FOOD

SAFETY AND INSPECTION SERVICE,

Defendants.

Plaintiff Lance Stewart and Defendant United States Department of Agriculture, through their respective counsel, stipulate to substitute the United States as Defendant in place of the Defendant United States Department of Agriculture. The United States is the only proper Defendant for claims under the Federal Tort Claims Act. 28 U.S.C. §§ 1346 (b)(1) and 2679(a); FDIC v. Craft, 157 F.3d 697, (9th Cir. 1998) (“The FTCA is the exclusive remedy for tortious conduct by the United States, and it only allows claims against the United States. Although such claims can arise from the acts or omissions of United States agencies (28 U.S.C. § 2671), an agency itself cannot be sued under the FTCA.”).

Plaintiff will serve the United States pursuant to F.R.C.P. 4 and thereafter the United States will have the prescribed 60 days to respond.

Dated: September 21, 2020 PHILLIP A. TALBERT

Acting United States Attorney By: /s/Rachel R. Davidson

RACHEL R. DAVIDSON

Assistant United States Attorney Attorneys for Defendant

DATED: September 21, 2021 FRANK PENNEY INJURY LAWYERS

By: /s/Mark McCauley (auth. on 9/20/21) MARK McCAULEY

Attorney for Plaintiff

1] ORDER

IT IS SO ORDERED.

DATED: September 22, 2021 /\ (] iA | (/ AN

CHIEF NT] ED STATES DISTRICT JUDGE

STIPULATION TO SUBSTITUTE UNITED