Thompson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 VICTORIA THOMPSON No. 2:22-cv-01459-JAM-JDP

INDIVIDUALLY AND ON BEHALF OF

DECEDENT RUSSELL GENE

THOMPSON,

ORDER DENYING DEFENDANT UNITED Plaintiff, STATES OF AMERICA’S MOTION FOR SUMMARY JUDGMENT v.

UNITED STATES OF AMERICA,

14 Defendant. 15 This matter is before the Court on Defendant United States of America’s (“Defendant”) motion for summary judgment under Rule 56(a) of the Federal Rules of Civil Procedure. Def.’s Mot. for Summary Judgment, ECF No. 37. Defendant’s motion is based on two grounds: (1) Plaintiff Victoria Thompson, individually and on behalf of decedent Russell Gene Thompson, (“Plaintiff”) is judicially estopped from asserting the claims in the Second Amended Complaint (“SAC”); and (2) Plaintiff cannot maintain this action under Rule 17 of the Federal Rules of Civil Procedure because she is not a real party in interest. Def.’s Memorandum of Points and Authorities (“Mot.”), ECF No. 37-1 at…