Bussiere v. Kokor et al

Filing 123

ORDER VACATING 113 Amended Scheduling Order, signed by Magistrate Judge Sheila K. Oberto on 1/19/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR T. BUSSIERE,

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Plaintiff,

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ORDER VACATING AMENDED
SCHEDULING ORDER

v.

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No. 1:13-cv-01565-SKO

TIGGS-BROWN,

(Doc. 113)

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Defendant.

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Plaintiff, Arthur T. Bussiere, was a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s First

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Amended Complaint on Plaintiff’s claim against Defendant Tiggs-Brown for deliberate

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indifference to Plaintiff’s serious medical needs in violation of the Eighth Amendment.

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Defendant has filed a notice of Plaintiff’s death (Doc. 120) and a proof of service pursuant to

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Rule 4 on Plaintiff’s nonparty successors or representatives (Doc. 122).

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Federal Rule of Civil Procedure 25(a)(1) allows ninety days after service of the notice of

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death for the decedent’s non-party successors or representatives to file a motion for substitution.

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Plaintiff’s non-party successors or representatives were served with the notice of Plaintiff’s death

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in this action on December 22, 2017, and may file a motion for substitution anytime within ninety

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days thereafter. This case is currently set for trial on February 27, 2018, which is before the

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deadline for filing a motion for substitution. (Doc. 113.) As such, the trial and all pretrial

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deadlines must be vacated.

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Accordingly, IT IS HEREBY ORDERED, that the Amended Scheduling Order setting
the trial and pretrial deadlines, issued on September 20, 2017, be VACATED.1

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IT IS SO ORDERED.
Dated:

January 19, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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The trial and pretrial deadlines will be re-scheduled if Plaintiff’s non-party successors or representatives file a
timely motion for substitution.

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