Viola Coppola, et al v. Gregory Smith, et al
Filing
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ORDER Granting Substitution of Plaintiff Viola Coppola, signed by Magistrate Judge Barbara A. McAuliffe on 04/16/14. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION
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VIOLA COPPOLA, GARY COPPOLA, and
THE TRUST OF ANTHONY M. COPPOLA,
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Case No. 1:11-cv-01257-AWI-BAM
ORDER GRANTING SUBSTITUTION
OF PLAINTIFF VIOLA COPPOLA
Plaintiffs,
v.
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GREGORY SMITH, an individual,
RICHARD LASTER, an individual, JANE
NASH AS TRUSTEE OF THE JANE
HIGGINS NASH TRUST, JANE NASH AS
EXECUTOR OF THE ESTATE OF
DECATUR HIGGINS A/K/A THE ESTATE
OF MABEL ELAINE HIGGINS,
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Defendants.
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GREGORY SMITH, individually, and doing
business as PARAGON CLEANERS,
Counter-Complainant
and Cross-Complainant,
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v.
VIOLA COPPOLA, GARY COPPOLA, THE
TRUST OF ANTHONY M. COPPOLA, JANE
HIGGINS NASH, AS TRUSTEE OF THE
TRUST IN THE ESTATE OF MABEL
ELAINE HIGGINS, Deceased, A/K/A THE
TRUST IN THE ESTATE OF MABEL
ELAINE HIGGINS, Deceased
Counter-Defendants
and Cross-Defendants.
THE JANE HIGGINS NASH TRUST,
Cross-Complainant,
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v.
GREGORY SMITH, RICHARD LASTER,
and DOES 1-100, inclusive,
Cross-Defendants.
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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA 95814
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Currently before the Court is the motion of Gary Coppola as Successor Trustee of the Viola
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M. Coppola Irrevocable Trust to substitute itself on behalf of and in place of decedent Plaintiff Viola
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Coppola. (Doc. 205.) Defendants have each filed a statement of non-opposition. (Doc. 207, 208,
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209, 210, 211, 212.) The Court deemed the matter suitable for decision without oral argument and
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took the motion under submission.
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On January 15, 2014, Plaintiff Viola Coppola died. (Greben Decl., Ex. A, Doc. 205.) Federal
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Rule of Civil Procedure, Rule 25(a)(1) provides that “if a party dies and the claim is not
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extinguished, the court may order substitution of the proper party.” The Viola M. Coppola
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Irrevocable Trust is Ms. Coppola’s successor-in-interest and the representative of her trust is Gary
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Coppola, as Successor Trustee. (Greben Decl., Ex. B, Doc. 205.) Therefore, Gary Coppola as
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Successor Trustee of the Viola M. Coppola Irrevocable Trust is the proper party to substitute into
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this action on behalf of Ms. Coppola. Moreover, no party suggests that Ms. Cappola’s death
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extinguished her claims.
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Having considered the parties’ briefs and the entire record in this case, motion to substitute
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Gary Coppola as Successor Trustee of the Viola M. Coppola Irrevocable Trust on behalf and in place
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of decedent plaintiff Viola Coppola is GRANTED.
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The Court FURTHER ORDERS that the parties’ Answers and Counter-claims filed against
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Plaintiff Viola Coppola in response to the Fifth Amended Complaint be deemed Answers and
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Counter-Claims filed by those same parties against the Viola M. Coppola Irrevocable Trust.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
April 16, 2014
UNITED STATES MAGISTRATE JUDGE
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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA 95814
A. McAuliffe
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