United States District Court, S.D. California
October 11, 2005.
DOMINIQUE DENVER, Plaintiff,
CYNTHIA DE NUNEZ, JONY GARCIA, WILLIAM LIVINGSTON, AND DOES 1 THROUGH 30, Defendants.
The opinion of the court was delivered by: LARRY BURNS, Magistrate Judge
ORDER OF SUBSTITUTION OF THE UNITED STATES OF AMERICA AS
DEFENDANT IN PLACE OF CYNTHIA NUNEZ, ANTONIO GARCIA AND WILLIAM
Upon review and consideration of the Notice of Substitution
filed by the United States of America, and it appearing to the
Court that this is a common law tort action that includes claims
against defendants Cynthia Nunez, named in Plaintiff's complaint
as Cynthia De Nunez, Antonio Garcia, named in Plaintiff's
complaint as Jony Garcia, and William Livingston, arising out of
actions certified by the Attorney General of the United States to
have been taken within the scope of their office and employment
as federal employees,
IT IS ORDERED, pursuant to 28 U.S.C. § 2679(d), that the
United States of America shall be substituted as a Defendant
herein, in place of Defendants Cynthia Nunez, Antonio Garcia and
William Livingston, and that the title of the action be amended
accordingly. IT IS FURTHER ORDERED that as to Defendants Cynthia Nunez,
named in Plaintiff's complaint as Cynthia De Nunez, Antonio
Garcia, named in Plaintiff's complaint as Jony Garcia, and
William Livingston, this action is dismissed, without prejudice,
pursuant to 28 U.S.C. § 2679(d)(2).
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