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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SILVESTRE SOTO,

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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.

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Proc. 25(a)(1): “If a party dies and the claim is not extinguished, the court may order substitution

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of the proper party. A motion for substitution may be made by any party or by the decedent’s

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successor or representative. If the motion is not made within 90 days after service of a statement

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noting the death, the action by or against the decedent must be dismissed.” Fed. Rule Civ. Proc.

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25(a)(1). The sole remaining plaintiff, Silvestre Soto, passed away in March 2014. Marco Palau,

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Plaintiff’s attorney, filed the notice of his death on September 8, 2014. More than 90 days has

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passed since then. Of note, Plaintiff’s counsel has filed no opposition to the motion.

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Defendant’s motion to dismiss is GRANTED. The Clerk of the Court is directed to close
this case.

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IT IS SO ORDERED.
Dated: February 26, 2015
SENIOR DISTRICT JUDGE