Hoch v. Carter

HERLANDS, District Judge.

This is a motion by the defendant (1) for an order substituting the United States of America as sole defendant herein, pursuant to 28 U.S.C. § 2679(d), and (2) for summary judgment under Rule 56 of the Federal Rules of Civil Procedure.

The first part of defendant’s motion being unopposed, the relief sought therein is hereby granted; and the United States of America is hereby substituted for Francis Carter as sole defendant in this action.

The undisputed facts, as relevant to defendant’s motion for summary judgment are as follows:

Plaintiffs in this action are two infant…