(PS) Stewart v. Dept. of Agriculture-Food And Safety Inspection Service ( 2021 )

1 PAHctIiLnLg IUPn Ait.e Td ASLtaBteEsR ATtt orney 2 RACHEL R. DAVIDSON Assistant United States Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2731 E-mail: Rachel.Davidson@usdoj.gov 5 Attorneys for Defendant 6 UNITED STATES OF AMERICA 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 LANCE STEWART, Case No. 2:21-CV-01246-KJM-JDP 11 Plaintiffs, STIPULATION TO SUBSTITUTE UNITED STATES OF AMERICA AS DEFENDANT FOR 12 v. DEPARTMENT OF AGRICULTURE AND ORDER 13 LORRAINE LEUNG, THE UNITED STATES DEPARTMENT OF AGRICULTURE-FOOD 14 SAFETY AND INSPECTION SERVICE, 15 Defendants. 16 17 Plaintiff Lance Stewart and Defendant United States Department of Agriculture, through their 18 respective counsel, stipulate to substitute the United States as Defendant in place of the Defendant 19 United States Department of Agriculture. The United States is the only proper Defendant for claims 20 under the Federal Tort Claims Act. 28 U.S.C. §§ 1346 (b)(1) and 2679(a); FDIC v. Craft, 157 F.3d 697, 21 706 (9th Cir. 1998) (“The FTCA is the exclusive remedy for tortious conduct by the United States, and it 22 only allows claims against the United States. Although such claims can arise from the acts or omissions 23 of United States agencies (28 U.S.C. § 2671), an agency itself cannot be sued under the FTCA.”). 24 Plaintiff will serve the United States pursuant to F.R.C.P. 4 and thereafter the United States will 25 have the prescribed 60 days to respond. 26 /// 27 /// 28 1 /// Dated: September 21, 2020 PHILLIP A. TALBERT 2 Acting United States Attorney 3 By: /s/Rachel R. Davidson RACHEL R. DAVIDSON 4 Assistant United States Attorney Attorneys for Defendant 5 6 DATED: September 21, 2021 FRANK PENNEY INJURY LAWYERS 7 8 By: /s/Mark McCauley (auth. on 9/20/21) MARK McCAULEY 9 Attorney for Plaintiff 10 1] ORDER 12 IT IS SO ORDERED. 13 || DATED: September 22, 2021 14 /\ (] 15 iA | (/ AN CHIEF NT] ED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO SUBSTITUTE UNITED