Elkins et al v. California Highway Patrol et al

Filing 181

ORDER Regarding Substitution of Valiecia Perez as Real Party in Interest, signed by District Judge Anthony W. Ishii on 4/1/19. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THE ESTATE OF CECIL ELKINS, JR.,
et al.,
Plaintiffs

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v.

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CASE NO. 1:13-CV-1483 AWI SAB
ORDER REGARDING SUBSTITUTION
OF VALIECIA PEREZ AS REAL
PARTY IN INTEREST

HIPOLITO PELAYO,
(Doc. No. 168)
Defendant

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On March 12, 2019, the Plaintiff filed a motion to substitute parties. See Doc. No. 168.

11 Minor Valiecia Perez was represented by a guardian ad litem when this case was filed in 2013.
12 However, Valiecia is now over 18 years old and no longer a minor. See id. Therefore, Plaintiffs
13 request that the Court substitute Valiecia herself in place of Valiecia through her guardian ad
14 litem. See id. On March 29, 2019, Defendant filed a notice of non-opposition to the substitution
15 motion. See Doc. No. 179. Because Valiecia is no longer a minor, and because there is no
16 opposition, the Court will grant Plaintiff’s motion to substitute.
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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s motion to substitute parties (Doc. No. 168) is GRANTED;

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Plaintiff Valiecia Perez’s guardian ad litem, Tina Terrel, is RELIEVED as guardian ad

20 litem for Valiecia Perez;
21 3.

Valiecia Perez is SUBSTITUED as a Plaintiff in the place of Tina Terrel guardian ad litem

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to Valiecia Perez; and

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The Clerk shall change the docket to reflect the above substitution.

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IT IS SO ORDERED.

26 Dated: April 1, 2019
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SENIOR DISTRICT JUDGE