Darlynn v. Department of the Air Force et al, No. 2:2017cv02800 - Document 10 (D. Nev. 2018)

Court Description: ORDER Granting 8 Motion to Substitute Party. Signed by Magistrate Judge Cam Ferenbach on 2/13/2018. (Copies have been distributed pursuant to the NEF - MR)
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Darlynn v. Department of the Air Force et al 1 2 3 4 5 Doc. 10 DAYLE ELIESON United States Attorney District of Nevada TROY K. FLAKE Assistant United States Attorney 501 Las Vegas Boulevard South, Suite 1100 Las Vegas, Nevada 89101 Telephone: 702-388-6336 Email: troy.flake@usdoj.gov 6 Attorneys for the United States. 7 8 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 14 15 16 17 18 19 20 JUANITTA DARLYNN, ) ) Case No. 2:17-cv-02800-JAD-VCF Plaintiff, ) ) v. ) ) NOTICE OF SUBSTITUTION CHRISTOPHER MARK SHERMAN, ) individually; DEPARTMENT OF THE AIR ) FORCE, a Division of the UNITED STATES ) of AMERICA; DOES I through XX, ROE ) CORPORATION I through X; ROE ) EMPLOYEES I through X inclusive, ) ) Defendants. ) ) The United States of America hereby notifies Plaintiff and this Court that Dayle Elieson, 21 United States Attorney for the District of Nevada, an authorized representative of the Attorney 22 General of the United States of America, has certified that Federal Defendant Christopher Mark 23 Sherman was acting within the course and scope of his duties with the United States Air Force 24 at all times relevant to the events alleged in Plaintiff’s Complaint. (Exhibit 1, Certification of 25 Scope of Employment of Christopher Mark Sherman.) 26 Thus, this action “shall be deemed to be an action or proceeding brought against the 27 United States . . . , and the United States shall be substituted as the party defendant” in place of 28 Christopher Mark Sherman. 28 U.S.C. § 2679(d)(2) and 28 U.S.C. § 2671. 1 Dockets.Justia.com 1 Based on the foregoing, the United States Attorney’s certification automatically 2 substitutes the United States of America as the defendant in the place of Christopher Mark 3 Sherman in this case and the caption of this case should be amended by removing Defendant 4 Christopher Mark Sherman individually and substituting the United States of America. 5 For the convenience of this Court, the United States of America submits a proposed 6 Order reflecting this substitution and amending the caption of this action accordingly. (Exhibit 7 2, Proposed Order.) 8 Dated this 22nd day of January 2018. 9 DAYLE ELIESON United States Attorney 10 /s/ Troy K. Flake TROY K. FLAKE Assistant United States Attorney 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PROOF OF SERVICE I, Troy K. Flake, hereby certify that the NOTICE OF SUBSTITUTION was served this date on all parties via the Court’s Electronic Case Filing system. Dated this 22nd day of January 2018. /s/ Troy K. Flake TROY K. FLAKE Assistant United States Attorney 25 26 27 28 2 EXHIBIT 1 Certification of Scope of Employment EXHIBIT 2 Proposed Order 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 JUANITTA DARLYNN, Plaintiff, 9 10 11 12 13 14 v. UNITED STATES OF AMERICA; DEPARTMENT OF THE AIR FORCE, a Division of the UNITED STATES of AMERICA; DOES I through XX, ROE CORPORATION I through X; ROE EMPLOYEES I through X inclusive, Defendants. 15 ) ) Case No. 2:17-cv-02800-JAD-VCF ) ) ) ) ) [PROPOSED] ORDER ) ) ) ) ) ) ) ) 16 17 This Court having been apprised by the United States of America that Dayle Elieson, 18 United States Attorney for the District of Nevada, an authorized representative of the Attorney 19 General of the United States of America, has certified that Federal Defendant Christopher Mark 20 Sherman was acting within the course and scope of his duties as an employee of the United 21 States Air Force at all times relevant to the events alleged in Plaintiff’s Complaint pursuant to 22 28 U.S.C. §§ 2679(b)(1), (d)(2) and 2671 and having been apprised of the Substitution of the 23 United States of America in place of Federal Defendant Christopher Mark Sherman pursuant to 24 28 U.S.C. §§ 2679(b)(1), (d)(2) and 2671, 25 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Federal Defendant 26 Christopher Mark Sherman is dismissed from this action on the grounds that the exclusive 27 remedy for such claims is an action against the United States of America pursuant to 28 U.S.C. 28 §§ 2679(b)(1), (d)(2) and 2671; 1 1 2 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the United States of America has been substituted as a Federal Defendant in this case; 3 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the caption of this 4 action is and shall hereafter be modified as shown above to reflect the substitution of the United 5 States of America in place of Federal Defendant Christopher Mark Sherman. 6 7 ________________________________ 8 UNITED STATES MAGISTRATE JUDGE 2-13-2018 DATED: ________________________ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2