Barron v. United States

1 JUAnSitOedN S FtaRteIsE ARtStOorNne y District of Nevada Nevada Bar No. 7709 R. THOMAS COLONNA Assistant United States Attorney Las Vegas Blvd. So., Suite 1100 Las Vegas, Nevada 89101 (702) 388-6336 Email: [email protected] Attorneys for the United States UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA BRIDGET BARRON; individually; Case No. 2:24-cv-00142-CDS-DJA TIFFANY DAVIS, individually, 11 Stipulation to Dismiss Certain Plaintiffs Defendants and to Update Case Caption and Docket Sheet v. UNITED STATES OF AMERICA; UNITED STATES POSTAL SERVICE, a federal agency; LOUIS DeJOY Postmaster General of the United States Postal Service; HEATHER SCANLON, a USPS employee; DOES 1-10, inclusive; ROE CORPORATIONS 1-10, inclusive, Defendants 19 Plaintiffs Bridget Barron and Tiffany Davis, and Defendant United States of America, hereby stipulate to dismiss with prejudice and remove from the case caption Defendants United States Postal Service, Louis DeJoy, Postmaster General of the United States Postal Service, and Heather Scanlon.

23 The basis for dismissing these parties and removing them from the caption is that the exclusive remedy for the negligent or wrongful act or omission of an employee of the United States acting in the scope of office or employment under the Federal Tort Claims Act is an action against the United States. See 28 U.S. Code § 2679. The United States is properly named as a defendant in this matter. Based on the parties’ meet-and-confer efforts, the parties reached the following stipulations: 1 1. Under Federal Rule of Civil Procedure 15(a)(2), the parties respectfully || request that defendants United States Postal Service, Louis DeJoy, Postmaster General of || the United States Postal Service and Heather Scanlon be dismissed with prejudice and the || caption be amended to reflect said dismissal.

5 2. That the docket sheet be updated accordingly.

6 Respectfully submitted this 12th day of April 2024.

7 JASON M. FRIERSON 3 United States Attorney /s/Kirk T. Kennedy /s/ R. Thomas Colonna KIRK T. KENNEDY, ESQ. R. THOMAS COLONNA |) Nevada Bar No: 5032 Assistant United States Attorney S. Casino Center Blvd. 501 Las Vegas Blvd. So., Suite1100 Las Vegas, NV 89101 Las Vegas, Nevada 89101 D Attorney for Plaintiffs Based on the parties’ stipulation, the court construes this request as a voluntary 141) dismissal. “The plaintiff may dismiss some or all of the defendants, or some or all of his claims, || through a Rule 41(a)(1) notice,” and the dismissal “automatically terminates the action as to the defendants who are the subjects of the notice.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th || Cir. 1997). Because the parties have filed a stipulation to dismiss certain defendants, the United States Postal Service, Louis DeJoy, Postmaster General of the United States Postal Service, and Heather Scanlon are dismissed with prejudice. Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of 1g || Court is kindly instructed to terminate those defendants. } 19 / 30 (Le UNITED S$ S DISTRICT JUDGE 21 DATED;,/ / April 15, 2024