Kashin

Kashin v. Kent

Good Law
333 F. Supp. 2d 926·2004 WL 1925949·2004 U.S. Dist. LEXIS 17381
United States District Court, Southern District of CaliforniaAugust 26, 200402CV2495-LAB (WMc)California4,384 words

Opinion

Opinion

Burns, J.

ORDER DENYING DEFENDANT’S PETITION FOR CERTIFICATION

This personal injury action arises out of an automobile accident in Vladivostok, Russia. Defendant Douglas Barry Kent (“Kent”) was at that time Consul General of the United States to the Republic of Russia, and Plaintiff Aleksandr Nikolae-vich Kashin (“Kashin”), a Russian national, was a passenger in one of the vehicles involved in the accident. Currently before the Court is Kent’s Petition for Certification Under 28 U.S.C. Section 2679 (d)(3) (“Petition”), requesting this Court to review the Attorney General’s determination that Kent did not act in the scope of his office or employment at the time of the accident, certify to the contrary, and substitute the United States as a party defendant in this case. In addition, Kent seeks discovery relative to his Petition. The Government opposed the Petition, Kent replied, and the Government filed a sur-reply. Upon review of the foregoing, the Court finds that Kent was not acting in the scope of his office or employment at the time of the accident. Accordingly, the Petition is DENIED. For the reasons stated below, Kent’s related request for discovery is also denied.

FACTUAL AND…

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