Bishop Paiute Tribe v. Inyo County et al

Filing 76

ORDER GRANTING 75 Substitution Under Fed.R.Civ.P. 25(d), signed by Magistrate Judge Jennifer L. Thurston on 10/23/2018. Jeff Hollowell (Inyo County Sheriff) substituted for William Lutze.(Hall, S)

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A PROFESSIONAL CORPORATION

Carl L. Fessenden, SBN 161494
John R. Whitefleet, SBN 213301
350 University Ave., Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]

Attorneys for Defendants INYO COUNTY, WILLIAM LUTZE, Inyo County Sheriff; And
THOMAS HARDY, Inyo County District Attorney

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BISHOP PAIUTE TRIBE,

PORTER | SCOTT

350 University Ave., Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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Plaintiff,
v.

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REQUEST FOR ORDER OF
SUBSTITUTION UNDER FED.
R.CIV.P
25(d);
[PROPOSED]
ORDER

INYO COUNTY; WILLIAM LUTZE, Inyo
County Sheriff; THOMAS HARDY, Inyo
County District Attorney,

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CASE NO. 1:15-cv-00367 DAD JLT

Defendants.
___________________________________/

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Defendants, by and through the undersigned counsel, request an order of substitution to name

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Jeff Hollowell as a named party instead of William Lutze, pursuant to Rule 25(d) of the Federal

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Rules of Civil Procedure.

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REQUEST FOR ORDER OF SUBSTITUTION; [PROPOSED] ORDER

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When this declaratory/injunctive relief case was initiated, William Lutze was the duly-

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elected Sheriff of Inyo County, and was named as a party. Since July 12, 2018, Jeff Hollowell has

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been the duly-elected Sheriff of Inyo County, and has remained in that position. Accordingly,

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William Lutze is no longer the duly-elected sheriff of Inyo County. By operation of Rule 25(d) of

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the Federal Rules of Civil Procedure, Jeff Hollowell is automatically substituted as a party. “When

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a public officer is a party to an action in an official capacity and during his pendency dies, resigns

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or otherwise ceases to hold office, the action does not abate and the officer’s successor is

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automatically substituted as a party.”

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Accordingly, the Court should order the substitution.

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PORTER | SCOTT

350 University Ave., Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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Respectfully submitted,
Dated: October 23, 2018

PORTER SCOTT
A PROFESSIONAL CORPORATION

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By /s/ John R. Whitefleet
Carl L. Fessenden
John R. Whitefleet
Attorneys for Defendant

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[PROPOSED] ORDER
The Court ORDERS that Jeff Hollowell is substituted for William Lutze. The Clerk of the
Court is DIRECTED to terminate William Lutze as a defendant in this action.

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IT IS SO ORDERED.
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Dated:

October 23, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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REQUEST FOR ORDER OF SUBSTITUTION; [PROPOSED] ORDER