Opinion
2-23-cv-00055-JAD-DJA
04-26-2023
Dana Hackenberger, Plaintiff, v. United States of America ex. rel. United States Department of Energy; DOES I through X; and ROE BUSINESS ENTITIES I through X, inclusive, Defendants.
JASON M. FRIERSON United States Attorney District of Nevada R. THOMAS COLONNA Attorneys for the United States.
JASON M. FRIERSON United States Attorney District of Nevada R. THOMAS COLONNA Attorneys for the United States.
ORDER
DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE.
The Court having been notified that the United States Attorney for the District of Nevada certified that General Engineer Brian Paul Jones was acting within the scope of federal employment at the time of the events alleged in the complaint, and the court having been apprised of the substitution of the United States as defendant in the complaint by operation of law under 28 U.S.C. § 2679(d)(1), IT IS HEREBY ORDERED that under 28 U.S.C. §§ 2679(b)(1), (d)(1), defendant Brian Paul Jones is dismissed from this action on the grounds that the exclusive remedy for such claims in an action against the United States.
IT IS FURTHER ORDERED that the United States of America is substituted as the defendant in this case.
IT IS FURTHER ORDERED that the case caption is amended as shown in this order to reflect the substitution of the United States as defendant in place of Brian Paul Jones.
IT IS FURTHER ORDERED that the Clerk of Court must update the docket sheet accordingly.