Viola Coppola, et al v. Gregory Smith, et al

Filing 213

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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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 5 6 VIOLA COPPOLA, GARY COPPOLA, and THE TRUST OF ANTHONY M. COPPOLA, 7 Case No. 1:11-cv-01257-AWI-BAM ORDER GRANTING SUBSTITUTION OF PLAINTIFF VIOLA COPPOLA Plaintiffs, v. 8 9 10 11 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, 12 Defendants. 13 14 15 GREGORY SMITH, individually, and doing business as PARAGON CLEANERS, Counter-Complainant and Cross-Complainant, 16 17 18 19 20 21 22 23 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, 24 25 26 27 v. GREGORY SMITH, RICHARD LASTER, and DOES 1-100, inclusive, Cross-Defendants. 28 GUALCO LAW 400 Capitol Mall Eleventh Floor Sacramento, CA 95814 1 1 Currently before the Court is the motion of Gary Coppola as Successor Trustee of the Viola 2 M. Coppola Irrevocable Trust to substitute itself on behalf of and in place of decedent Plaintiff Viola 3 Coppola. (Doc. 205.) Defendants have each filed a statement of non-opposition. (Doc. 207, 208, 4 209, 210, 211, 212.) The Court deemed the matter suitable for decision without oral argument and 5 took the motion under submission. 6 On January 15, 2014, Plaintiff Viola Coppola died. (Greben Decl., Ex. A, Doc. 205.) Federal 7 Rule of Civil Procedure, Rule 25(a)(1) provides that “if a party dies and the claim is not 8 extinguished, the court may order substitution of the proper party.” The Viola M. Coppola 9 Irrevocable Trust is Ms. Coppola’s successor-in-interest and the representative of her trust is Gary 10 Coppola, as Successor Trustee. (Greben Decl., Ex. B, Doc. 205.) Therefore, Gary Coppola as 11 Successor Trustee of the Viola M. Coppola Irrevocable Trust is the proper party to substitute into 12 this action on behalf of Ms. Coppola. Moreover, no party suggests that Ms. Cappola’s death 13 extinguished her claims. 14 Having considered the parties’ briefs and the entire record in this case, motion to substitute 15 Gary Coppola as Successor Trustee of the Viola M. Coppola Irrevocable Trust on behalf and in place 16 of decedent plaintiff Viola Coppola is GRANTED. 17 The Court FURTHER ORDERS that the parties’ Answers and Counter-claims filed against 18 Plaintiff Viola Coppola in response to the Fifth Amended Complaint be deemed Answers and 19 Counter-Claims filed by those same parties against the Viola M. Coppola Irrevocable Trust. 20 21 22 IT IS SO ORDERED. Dated: /s/ Barbara April 16, 2014 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 GUALCO LAW 400 Capitol Mall Eleventh Floor Sacramento, CA 95814 A. McAuliffe 2 _

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