THE UNITED STATES DISTRICT COURT THE EASTERN DISTRICT OF CALIFORNIA
March 5, 2013
CHARLES E. LEWIS,
DEPARTMENT OF HOMELAND SECURITY; UNITED STATES COAST GUARD; AND JOSHUA MATTHEW ETHERIDGE, DEFENDANTS.
The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge
STIPULATION TO SUBSTITUTE UNITED STATES OF AMERICA AS DEFENDANT AND [PROPOSED] ORDER
Defendant Department of Homeland Security, Defendant United States Coast Guard, and Plaintiff Charles E. Lewis, by and through their respective counsel, stipulate to substitute the United States as Defendant in place of the Department of Homeland Security and the United States Coast Guard. The United States is the only proper party defendant for claims under the Federal Tort Claims Act. 28 U.S.C. §§ 1346(b)(1) and 2679(a); FDIC v. Craft, 157 F.3d 697, 706 (9th Cir. 1998) ("The FTCA is the exclusive remedy for tortious conduct by the United States, and it only Notice of Substitution of United States of America as Defendant and [Proposed] Order allows claims against the United States. Although such claims can arise from the acts or omissions of United States agencies (28 U.S.C. § 2671), an agency itself cannot be sued under the FTCA.").
DATED: February 15, 2013 BENJAMIN B. WAGNER United States Attorney By: /s/ Chi Soo Kim CHI SOO KIM Assistant United States Attorney DATED: February 15, 2013 By: /s/ Wayne A. Knight WAYNE A. KNIGHT Attorney for Plaintiff Charles E. Lewis
IT IS SO ORDERED.
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