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Herron v. United States of America, 2:17-cv-03051-GMN-GWF. (2018)

Court: District Court, D. Nevada Number: infdco20180205d61 Visitors: 12
Filed: Feb. 01, 2018
Latest Update: Feb. 01, 2018
Summary: STIPULATION AND ORDER OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE GLORIA M. NAVARRO , District Judge . IT IS HEREBY STIPLUATED AND AGREED, by and between Plaintiff Eloise Herron ("Herron") and Defendant United States of America ("United States"), the complaint filed as against the United States in the above-entitled case by Plaintiff Herron (attached as Exhibit A to the United States' Petition for Removal, (ECF No. 1)) shall be voluntarily dismissed without prejudice. 1 Each party shall bear
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STIPULATION AND ORDER OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE

IT IS HEREBY STIPLUATED AND AGREED, by and between Plaintiff Eloise Herron ("Herron") and Defendant United States of America ("United States"), the complaint filed as against the United States in the above-entitled case by Plaintiff Herron (attached as Exhibit A to the United States' Petition for Removal, (ECF No. 1)) shall be voluntarily dismissed without prejudice.1 Each party shall bear their own costs and attorney's fees.

IT IS SO ORDERED.

FootNotes


1. The United States filed a Notice of Substitution (ECF No. 2) pursuant to 28 U.S.C. § 2679(b)(1) and (d), which provides that suit against the United States, and not an individual, is the exclusive remedy for negligence claims against a government employee arising out of acts performed within the scope of his or her employment. Individually named Defendant Mister Jonathan Jackson, III, has been certified as acting within the course and scope of his employment at the time of the incident out of which the claim arises (see Exhibit A attached to the United States' Notice of Substitution), meaning the claims asserted against him are claims against the United States.
Source:  Leagle

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