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Donald Ray Holder v. Kelly C. Cole

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 10, 2011

DONALD RAY HOLDER,
PLAINTIFF,
v.
KELLY C. COLE, AN INDIVIDUAL; & UNITED STATES DEPARTMENT OF THE INTERIOR,
BUREAU OF LAND MANAGEMENT, UNITED STATES OF AMERICA,
DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

BENJAMIN B. WAGNER United States Attorney JEFFREY J. LODGE Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for Defendant United States of America

APPLICATION TO APPROVE STIPULATION TO DISMISS KELLY C. COLE AS A PARTY; ORDER

Plaintiff Donald Ray Holder ("Plaintiff") and Defendant United States of America ("Defendant"), by and through undersigned counsel, hereby stipulate that because the United States of America is the only proper defendant in a suit under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346(b)(1), the United States' employee, Kelly C. Cole, should be dismissed as a party to this action without prejudice.*fn1

The complaint shall remain pending against the United States of America. The complaint seeks relief against only the United States of America and does not seek separate relief against the Department of the Interior or the Bureau of Land Management.

The parties request that the Court endorse this stipulation by way of formal order pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure and Local Rule 143.

Respectfully submitted,

ORDER

IT IS HEREBY ORDERED that Kelly C. Cole is hereby dismissed as a party defendant in the above referenced matter without prejudice.


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