Opinion
2:22-cv-00863-MMD-EJY
08-16-2022
JOHN VAN STEENIS, individually, Plaintiff, v. RICKY C. KENDRICK, individually, et al., Defendants.
THE POWELL LAW FIRM JASON FRIERSON, Tom W. Stewart Skyler H. Pearson,
THE POWELL LAW FIRM
JASON FRIERSON,
Tom W. Stewart
Skyler H. Pearson,
STIPULATION AND ORDER
The parties stipulate to the following:
1. To withdraw the pending motion to dismiss, ECF No. 11;
2. To substitute out defendants Ricky C. Kendrick and the United States Postal Service and to substitute in the United States of America as the sole defendant;
3. To change the caption to include the United States of American as the sole defendant;
4. To dismiss plaintiff's claim for negligent entrustment;
5. To dismiss plaintiff's claim for respondeat superior;
6. To allow plaintiff 30 days from entry of this stipulation and order to file an amended complaint to properly plead administrative exhaustion pursuant to 28 U.S.C. 2675(a); and
7. To allow the United States of America 30 days from the filing of the amended complaint to file its responsive pleading.