Soto, et al. v. Castlerock Farming, et al.
Filing
185
ORDER granting 182 Motion to Dismiss signed by District Judge Anthony W. Ishii on 2/26/2015. CASE CLOSED. (Lundstrom, T)
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
EASTERN DISTRICT OF CALIFORNIA
7
8
SILVESTRE SOTO,
9
10
11
12
13
14
Plaintiff,
CASE NO. 1:09-CV-0701 AWI JLT
ORDER RE: MOTION TO DISMISS
v.
CASTLEROCK FARMING AND
TRANSPORT INC., and DOES 1 to 20
inclusive,
Defendant
(Doc. 182)
Defendant has made a motion to dismiss the case (Doc. 182), based on Fed. Rule Civ.
15
Proc. 25(a)(1): “If a party dies and the claim is not extinguished, the court may order substitution
16
of the proper party. A motion for substitution may be made by any party or by the decedent’s
17
successor or representative. If the motion is not made within 90 days after service of a statement
18
noting the death, the action by or against the decedent must be dismissed.” Fed. Rule Civ. Proc.
19
25(a)(1). The sole remaining plaintiff, Silvestre Soto, passed away in March 2014. Marco Palau,
20
Plaintiff’s attorney, filed the notice of his death on September 8, 2014. More than 90 days has
21
passed since then. Of note, Plaintiff’s counsel has filed no opposition to the motion.
22
23
Defendant’s motion to dismiss is GRANTED. The Clerk of the Court is directed to close
this case.
24
25
26
27
28
IT IS SO ORDERED.
Dated: February 26, 2015
SENIOR DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?