STIPULATION AND ORDER TO SET ASIDE ENTRY OF DEFAULT AND SUBSTITUTE THE UNITED STATES AS THE DEFENDANT

JOHN A. MENDEZ, District Judge.

Plaintiff Montezuma Harbor, LLC and the United States hereby agree and request that the Court set aside the default entered on August 30, 2019, against the Department of the United States Air Force (Dkt. 8). The Department of the Air Force was not in default because the United States had not been served. See Federal Rule of Civil Procedure 4(i)(2) (explaining that service on a federal agency must include service on the United States); id. at 4(i)(1) (explaining that serving the United States includes serving the United States Attorney's Office and the Attorney General). Undersigned counsel for the United States has agreed to accept service of the complaint for the United States Attorney's Office for the Eastern District of California by email. Plaintiff will serve the Attorney General by certified mail.

Plaintiff and the United States also agree and request that the Court substitute the United States as the Defendant in place of the Department of the United States Air Force because the United States is the only permissible defendant in a Federal Tort Claims Act lawsuit. See F.D.I.C. 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."). The parties agree that the complaint will be deemed to have been filed against the United States on the date it was originally filed against the Department of the United States Air Force.

ORDER

IT IS SO ORDERED.