Wells et al v. Federal Aviation Administration et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
PAUL WELLS, KIMBERLY WELLS,
individually and as a marital
community, and JUSTIN LUNN,
KIMBERLY LUNN, individually and
as a marital community,
Plaintiffs,
vs.
UNITED STATES OF AMERICA,
FEDERAL AVIATION
ADMINISTRATION, DOES 1-5
Defendants.
Case No. 3:22-cv-00187-JMK
ORDER GRANTING NOTICE OF
SUBSTITUTION
Before the Court at Docket 4 is the Government’s Notice of Substitution.
The Government submitted a Certification of Scope of Employment with its Notice, in
which the Government certified that named Defendants Howard Martin, Patrick Sullivan,
Glenn H. Brown, Ty Bartausky, and Beth Clairborne were acting within the scope of their
employment with the Federal Aviation Administration at all times relevant to this action.1
1 Docket 4-1.
Case 3:22-cv-00187-JMK Document 9 Filed 12/02/22 Page 1 of 2

Wells, et al. v. F.A.A., et al. 	Case No. 3:22-cv-00187-JMK
Order Granting Notice of Substitution 	Page 2
Plaintiffs Paul Wells, Kimberly June Wells, Justin Lunn, and Kimberly Lunn have not
opposed or objected to the Government’s scope-of-employment certification.2
Accordingly, 	IT 	IS 	HEREBY 	ORDERED 	that 	the 	United 	States 	is
substituted as a Defendant in the place of Defendants Howard Martin, Patrick Sullivan,
Glenn H. Brown, Ty Bartausky, and Beth Clairborne. The clerk will amend the caption to
substitute and name the United States as a defendant in place of individual defendants
Howard Martin, Patrick Sullivan, Glenn H. Brown, Ty Bartausky, and Beth Clairborne.
IT IS SO ORDERED this 2nd day of December, 2022, at Anchorage, Alaska.
/s/ Joshua M. Kindred
JOSHUA M. KINDRED
United States District Judge
2 Gutierrez de Martinez v. Lamagno, 515 U.S. 417, 436 (1995) (construing the Westfall
Act to allow plaintiffs to “present to the District Court their objections to the Attorney General’s
scope-of-employment certification.”).
Case 3:22-cv-00187-JMK Document 9 Filed 12/02/22 Page 2 of 2