Free Motion to Substitute Party - District Court of Delaware - Delaware

Case 1 :07-cv-00755-SLR Document 6 Filed O3/O4/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LIBERTY MUTUAL GROUP a/s/o :
LAUREN WALLACE :
Plaintiff
v. Civil Action No. 07-755-SLR
JOSEPH A. WASHINGTON, et al
Defendants.
SUBSTITUTION OF THE UNITED STATES
FOR DEFENDANT JOSEPH A. WASHINGTON
AND DEPARTMENT OF THE UNITED STATES ARMY
COMES NOW, the named Defendant, Joseph A. Washington, Sergeant, and Defendant,
Department of the United States Army, by and through Colm F. Connolly, United States
Attorney for the District of Delaware, and Patricia C. Hannigan, Assistant United States
Attorney, and request that this Court substitute the United States of America as the only
Defendant in the above action, pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2611 et seq.
l. At the time of the incidents alleged in the Complaint, Defendant Joseph A.
Washington was acting within the course and scope of his duties as an employee of the United
States. See Certification attached as Exhibit A.
2. This action is thus subject to the Federal Tort Claims Act, 28 U.S.C. § 2671, et
seq. Accordingly, the United States is the proper party Defendant.
3. Pursuant to 28 U.S.C. § 2679(d)(l) , and based upon the Certification attached as
Exhibit A, "the United States shall be substituted as the party defendant."

Case 1 :07-cv-00755-SLR Document 6 Filed O3/O4/2008 Page 2 of 2
4. Counsel for Plaintiff has no objection to this request.
WHEREFORE, Defendants pray that the United States be substituted for Defendant,
Joseph A. Washington, Sergeant, and Defendant, Department of the United States Army.
Respectfully submitted,
COLM F. CONNOLLY
United States Attomey
BY: /s/ Patricia C. Hannigan
Patricia C. Hannigan
Assistant United States Attorneys
Delaware Bar I.D. No. 2145
The Nemours Building
1007 Orange Street, Suite 700
P.O. Box 2046
Wilmington, Delaware 19899-2046
(302) 573-6277
Dated: March 4, 2008
IT IS SO ORDERED this day of , 2008.
I J. HONORABLE SUE L. ROBINSON
United States District Judge

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Case 1 :07-cv—OO755-SLR Document 6-2 Filed O3/O4/2008 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LHBERTY MUTUAL GROUP a/s/o :
LAUREN WALLACE :
Plaintiff
v. Civil Action No. 07-755-SLR
JOSEPH A. WASHINGTON, et al
Defendants.
CERTIFICATION
I, Colm F. Cormolly, United States Attorney for the District of Delaware, hereby certify,
pursuant to 28 U.S.C. § 2679(d)(1), that I have read the Complaint in this action and, on the basis
of information now available with respect to the allegations therein, I find that the individually
named Defendant, Joseph A. Washington, was acting within the scope of his employment as an
employee of the United States at the time of the incidents alleged in the Complaint.
_ COLM F. CONNOLLY é
United States Attorney
The Nemours Building
1007 Orange Street, Suite 700
P. O. Box 2046
Wilmington, Delaware 19899-2046
(302) 573-6277
Dated: & ¤A 3 , 2008

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