Wiederman v. United States

E.D. California

Wiederman v. United States

DecidedDecember 13, 2024

Docket1:24-cv-01463

StatusUnknown

This text of Wiederman v. United States (Wiederman v. United States) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wiederman v. United States, (E.D. Cal. 2024).

Pincite

Opinion

7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 LINDA WIEDERMAN, Case No. 1:24-cv-01463-SAB 11 Plaintiff, ORDER GRANTING STIPULATION TO 12 SUBSTITUTE PARTIES v. 13 (ECF No. 3-1) SEQUOIA AND KINGS CANYON 14 NATIONAL PARKS, et al., 15 Defendants.

16 17 Before the Court is the parties’ stipulation to substitute parties. (ECF No. 3-1.) The 18 parties proffer that the United States is the only proper defendant for claims under the Federal 19 Tort Claims Act. 28 U.S.C. §§ 1346 (b)(1) and 2679(a); FDIC v. Craft, 157 F.3d 697, 706 (9th 20 Cir. 1998) (“The FTCA is the exclusive remedy for tortious conduct by the United States, and it 21 only allows claims against the United States. Although such claims can arise from the acts or 22 omissions of United States agencies (28 U.S.C. § 2671), an agency itself cannot be sued under 23 the FTCA.”). The Court agrees. 24 / / / 25 / / / 26 / / / 27 / / / / / / 1 Accordingly, the Court HEREBY GRANTS the stipulation. (ECF No. 3-1.) Pursuant to 2 | 28 U.S.C. $$ 1346 (b)C1) and 2679(a), the United States of America is hereby SUBSTITUTED 3 | for Defendants Sequoia and Kings Canyon National Park and National Park Service. 4 5 IT IS SO ORDERED. FA. ee 6 | Dated: _ December 13, 2024 " STANLEY A. BOONE 7 United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Free access — add to your briefcase to read the full text and ask questions with AI

7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 LINDA WIEDERMAN, Case No. 1:24-cv-01463-SAB 11 Plaintiff, ORDER GRANTING STIPULATION TO 12 SUBSTITUTE PARTIES v. 13 (ECF No. 3-1) SEQUOIA AND KINGS CANYON 14 NATIONAL PARKS, et al., 15 Defendants.

16 17 Before the Court is the parties’ stipulation to substitute parties. (ECF No. 3-1.) The 18 parties proffer that the United States is the only proper defendant for claims under the Federal 19 Tort Claims Act. 28 U.S.C. §§ 1346 (b)(1) and 2679(a); FDIC v. Craft, 157 F.3d 697, 706 (9th 20 Cir. 1998) (“The FTCA is the exclusive remedy for tortious conduct by the United States, and it 21 only allows claims against the United States. Although such claims can arise from the acts or 22 omissions of United States agencies (28 U.S.C. § 2671), an agency itself cannot be sued under 23 the FTCA.”). The Court agrees. 24 / / / 25 / / / 26 / / / 27 / / / / / / 1 Accordingly, the Court HEREBY GRANTS the stipulation. (ECF No. 3-1.) Pursuant to 2 | 28 U.S.C. $$ 1346 (b)C1) and 2679(a), the United States of America is hereby SUBSTITUTED 3 | for Defendants Sequoia and Kings Canyon National Park and National Park Service. 4 5 IT IS SO ORDERED. FA. ee 6 | Dated: _ December 13, 2024 " STANLEY A. BOONE 7 United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

98 Cal. Daily Op. Serv. 7413, 98 Daily Journal D.A.R. 10,293 Federal Deposit Insurance Corporation, as Sole Receiver for Montana Federal Savings Bank of Kalispell, Montana, Plaintiff-Counter-Defendant- Third Party v. Roger Craft, A/k/a/ Roger L. Craft and Norma J. Craft, Defendants-Counter-Claimants-Third Party v. United States of America, Office of Thrift Supervision, as Successor to Federal Home Loan Bank Board, Third Party

157 F.3d 697 (Third Circuit, 1998)

Cite This Page — Counsel Stack

Bluebook (online)

Wiederman v. United States, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiederman-v-united-states-caed-2024.

Opinion

Related

Cite This Page — Counsel Stack