SERECKY v. U.S., 2:11-cv-00124-RLH-LRL. (2011)
Court: District Court, D. Nevada
Number: infdco20110908968
Visitors: 15
Filed: Sep. 07, 2011
Latest Update: Sep. 07, 2011
Summary: ORDER ROGER HUNT, District Judge. THIS COURT having been fully apprised that the United States Attorney for the District of Nevada has certified that the individual Defendant Denise Smith was acting within the scope of her employment at the time of the incident giving rise to Plaintiff's Complaint, and the Court having been apprised of the substitution of the United States pursuant to 28 U.S.C. 2679(d)(1), it is hereby, ORDERED, pursuant to 28 U.S.C. 2679(b)(1) and (d)(1), that Denise S
Summary: ORDER ROGER HUNT, District Judge. THIS COURT having been fully apprised that the United States Attorney for the District of Nevada has certified that the individual Defendant Denise Smith was acting within the scope of her employment at the time of the incident giving rise to Plaintiff's Complaint, and the Court having been apprised of the substitution of the United States pursuant to 28 U.S.C. 2679(d)(1), it is hereby, ORDERED, pursuant to 28 U.S.C. 2679(b)(1) and (d)(1), that Denise Sm..
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ORDER
ROGER HUNT, District Judge.
THIS COURT having been fully apprised that the United States Attorney for the District of Nevada has certified that the individual Defendant Denise Smith was acting within the scope of her employment at the time of the incident giving rise to Plaintiff's Complaint, and the Court having been apprised of the substitution of the United States pursuant to 28 U.S.C. § 2679(d)(1), it is hereby,
ORDERED, pursuant to 28 U.S.C. §§ 2679(b)(1) and (d)(1), that Denise Smith is dismissed from this action on the grounds that the exclusive remedy for such claim is an action against the United States;
. . .
IT IS ALSO ORDERED under Whitethorn v. FCC, 235 F.Supp.2d 1092, 1097 (D. Nev. 2002), that the United States Postal Service is dismissed from the action on the grounds that the exclusive remedy for such claim is an action against the United States;
IT IS FURTHER ORDERED that the caption of this action shall be amended, as indicated above, to reflect the substitution of the United States of America as the sole Federal Defendant.
Source: Leagle
