Opinion
3:22-cv-828
08-31-2022
Brent A. Wettle, et al., Plaintiffs, v. United States Postal Service, et al., Defendants.
ORDER
Jeffrey J. Helmick United States District Judge
Michelle M. Baeppler, the First Assistant United States Attorney acting “pursuant to the provisions of 28 U.S.C. § 2679, and by virtue of the authority vested in me by the Attorney General under 28 C.F.R. § 15.3,” has certified that she has “read the Complaint in this action” and concluded that “[o]n the basis of the information now available with respect to the incident alleged therein, ... the individual Defendant, Lindsey McDonald, was acting within the scope of employment as an employee of the United States Postal Service, at the time of the alleged incident.” (Doc. No. 12-1). Therefore, pursuant to 28 U.S.C. § 2679(d)(1), the United States is substituted as the party Defendant for those claims asserted against McDonald in this action.
So Ordered.