Wiederman v. United States

Opinion

UNITED STATES DISTRICT COURT LINDA WIEDERMAN, Case No. 1:24-cv-01463-SAB Plaintiff, ORDER GRANTING STIPULATION TO v. (ECF No. 3-1) SEQUOIA AND KINGS CANYON NATIONAL PARKS, et al., Defendants.

Before the Court is the parties’ stipulation to substitute parties. (ECF No. 3-1.) The parties proffer that the United States is the only proper 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 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.”). The Court agrees. / / / / / / / / / / / / / / / Accordingly, the Court HEREBY GRANTS the stipulation. (ECF No. 3-1.) Pursuant to 28 U.S.C. $$ 1346 (b)C1) and 2679(a), the United States of America is hereby SUBSTITUTED for Defendants Sequoia and Kings Canyon National Park and National Park Service. IT IS SO ORDERED. FA. ee Dated: _ December 13, 2024 " STANLEY A. BOONE United States Magistrate Judge