Rogers v. United States Postal Office

I. BACKGROUND

17 On September 23, 2024, Plaintiff Jurgen Rogers filed this case against Defendants United 18 States Postal Service (“USPS”) and Louis DeJoy, former Postmaster General of the United States 19 (“Defendants”), in Marin County Superior Court, asserting various claims under the Federal Tort 20 Claims Act (FTCA). Dkt. No. 1-1 (“Compl.”).1 21 Plaintiff alleges that over an unspecified period of time, his mailman “deliberately and 22 systematically” refused to properly deliver his mail and harassed him using “defamatory and 23 24 1 Defendants argue that the complaint should be dismissed because USPS and Louis DeJoy are not 25 proper Defendants, as the United States is the only proper defendant in an FTCA action. See Mot. at 5–6 (citing Kennedy v. U.S. Postal Serv., 145 F.3d 1077, 1078 (9th Cir. 1998)). But given that 26 Plaintiff’s complaint describes “Defendant United States of America” as a party and acknowledges that USPS may not be named as a defendant, see Compl. ¶ 2, and Plaintiff’s opposition concedes 27 that “[n]o relief is sought against the USPS or the Postmaster General personally,” see Opp. at 6, 1 derogatory language.” Compl. ¶ 11. Plaintiff also…