Driscoll et al v. Todd Spencer M.D. Medical Group, Inc. et al

Filing 90

ORDER DISMISSING CASE signed by Chief Judge Lawrence J. O'Neill on 02/27/2017. CASE CLOSED. (Flores, E)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 6 7 UNITED STATES OF AMERICA AND 1:11-cv-1776-LJO-BAM STATE OF CALIFORNIA ex rel. SCOTT H.M. DRISCOLL, M.D., AND SCOTT H.M. ORDER DISMISSING CASE DRISCOLL, M.D., individually and personally, Plaintiffs, 8 v. 9 TODD SPENCER M.D. MEDICAL GROUP, et 10 al., 11 Defendants. 12 13 On January 11, 2017, counsel for Plaintiff Dr. Scott H.M. Driscoll (“Relator”) informed the 14 Court that Dr. Driscoll had died. Doc. 85 at 1. Because both the federal government and the State of 15 California indicated that they will not prosecute this case on behalf of Relator, the Court ordered counsel 16 for Relator to file, on or before February 24, 2017, a motion to substitute Relator for an appropriate 17 party who could prosecute this case on his behalf. The Court informed counsel that the Court would 18 dismiss this case if he does not meet this deadline. 19 Counsel failed to meet the deadline. To date, counsel has not filed a motion to substitute. 20 Accordingly, the Court DISMISSES this case without prejudice. The Clerk of Court is directed to 21 CLOSE this case. 22 23 IT IS SO ORDERED. 24 Dated: /s/ Lawrence J. O’Neill _____ February 27, 2017 UNITED STATES CHIEF DISTRICT JUDGE 25 1

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