ORDER GRANTING MOTION TO MODIFY ORDER DISMISSING CLAIMS AGAINST THE UNITED STATES AND UNITED STATES ARMY CORPS OF ENGINEERS EMPLOYEES NANCY HALEY, MATTHEW RABBE, AND MATTHEW KELLEY [Filed concurrently with Notice of Motion and Motion to Amend; and Declaration of Christopher Pisano]

WILLIAM B. SHUBB, District Judge.

The Court having reviewed having read and considered the papers submitted by the parties, and finding good cause therefore, Orders that its September 21, 2012 Order of Dismissal will be changed to read as follows:

On August 6, 2012, the Court granted the United States' motion to dismiss the claims asserted by Shasta County in its First Amended Cross-Complaint against the United States, with the United States having substituted itself as the third party defendant for the named Army Corps of Engineers employees Nancy Haley, Matthew Rabbe and Matthew Kelley ("Army Corps Employees") pursuant to 28 U.S.C. Section 2679(d)(2). (See Docket No. 4 and Docket No. 33 at 4.) The Court granted the United States' motion pursuant to Fed. R. Civ. P. 12(b)(6), but gave Shasta County twenty days from the date of the Court's Order to file an amended complaint, if it could do so consistent with the Court's Order. (See Docket No. 33.) Shasta County did not filed an amended complaint as to third party defendant United States within twenty days of the Court's August 6, 2012 Order. Accordingly, the Court dismisses Shasta County's claims against the United States, with prejudice. This Order of Dismissal is as to the United States only, and is not as to the Army Corps Employees.

IT IS THEREFORE ORDERED that Shasta County's motion to modify the order dismissing claims (Docket No. 81) be, and the same hereby is, GRANTED and the hearing on November 5, 2012 is vacated.