Richmond v. U.S. Dept. of the Interior

PAHctIiLnLg IUPn Ait.e dT AStLaBteEs RATtt orney RACHEL R. DAVIDSON Assistant United States Attorney I Street, Suite 10-100 Sacramento, CA 95814 Email: [email protected] Telephone: (916) 554-2731 Facsimile: (916) 554-2900 Attorneys for the United States

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOHN RICHMOND, CASE NO. 2:21-cv-01103-KJM-DMC Plaintiff, STIPULATION TO SUBSTITUTE UNITED STATES OF AMERICA AS vs. DEFENDANT AND ORDER UNITED STATES DEPARTMENT OF INTERIOR, BUREAU OF LAND MANAGEMENT, et. al.

Defendants

Plaintiff John Richmond and Defendant United States Department of the Interior, Bureau of Land Management, through their respective counsel, stipulate to substitute the United States as Defendant in place of the United States Department of the Interior, Bureau of Land Management. The United States is the only proper Defendant for claims under the Federal Tort Claims Act. 28 U.S.C. §§ 22 1346 (b)(1) and 2679(a); FDIC v. Craft, 157 F.3d 697, 706 (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.”).

DATED: September 22, 2021 PHILLIP A. TALBERT Acting United States Attorney By: /s/Rachel R. Davidson RACHEL R. DAVIDSON Assistant United States Attorney Attorney for Defendant DATED: September 22, 2021 PENNEY & ASSOCIATES By: /s/Dillon R. Whitsett (auth. On 9/22/21) DILLON R. WHITSETT Attorney for Plaintiff 1] ORDER IT IS SO ORDERED.

DATED: September 27, 2021. [\ (] iA | LY fh ( AY CHIEF NT] ED STATES DISTRICT JUDGE