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Darlynn v. Sherman

United States District Court, D. Nevada

February 13, 2018

JUANITTA DARLYNN, Plaintiff,
v.
CHRISTOPHER MARK SHERMAN, individually; DEPARTMENT OF THE AIR FORCE, a Division of the UNITED STATES of AMERICA; DOES I through XX, ROE CORPORATION I through X; ROE EMPLOYEES I through X inclusive, Defendants.

          DAYLE ELIESON UNITED STATES ATTORNEY DISTRICT OF NEVADA

          TROY K. FLAKE ASSISTANT UNITED STATES ATTORNEY

          NOTICE OF SUBSTITUTION

         The United States of America hereby notifies Plaintiff and this Court that Dayle Elieson, United States Attorney for the District of Nevada, an authorized representative of the Attorney General of the United States of America, has certified that Federal Defendant Christopher Mark Sherman was acting within the course and scope of his duties with the United States Air Force at all times relevant to the events alleged in Plaintiff's Complaint. (Exhibit 1, Certification of Scope of Employment of Christopher Mark Sherman.)

         Thus, this action “shall be deemed to be an action or proceeding brought against the United States . . ., and the United States shall be substituted as the party defendant” in place of Christopher Mark Sherman. 28 U.S.C. § 2679(d)(2) and 28 U.S.C. § 2671.

         Based on the foregoing, the United States Attorney's certification automatically substitutes the United States of America as the defendant in the place of Christopher Mark Sherman in this case and the caption of this case should be amended by removing Defendant Christopher Mark Sherman individually and substituting the United States of America.

         For the convenience of this Court, the United States of America submits a proposed Order reflecting this substitution and amending the caption of this action accordingly. (Exhibit 2, Proposed Order.)

         PROOF OF SERVICE

         I, Troy K. Flake, hereby certify that the NOTICE OF SUBSTITUTION was served this date on all parties via the Court's Electronic Case Filing system.

         EXHIBIT 1

         Certification of Scope of Employment

         UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

         JUANITTA DARLYNN, Plaintiff, v.

         CHRISTOPHER MARK SHERMAN, et al. Defendants.

         CERTIFICATION OF ...


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