Owens v. Fresno Foods, LLC, et al.

Filing 41

ORDER REQUIRING MOTION FOR SUBSTITUTON to be filed on or before December 23, 2016. Signed by Magistrate Judge Stanley A. Boone on 10/31/2016. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR OWENS,

Case No. 1:15-cv-01526-SAB

Plaintiff,

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ORDER REQUIRING MOTION FOR
SUBSTITUTION

v.

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(ECF No. 40)
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FRESNO FOODS, LLC, et al.,
DEADLINE: DECEMBER 23, 2016
Defendants.

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On October 7, 2015, Plaintiff Arthur Owens filed this action. On October 20, 2016,

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16 counsel filed a statement of death informing the Court that Plaintiff is deceased. Pursuant to
17 Rule 25(a) of the Federal Rules of Civil Procedure,
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If a party dies and the claim is not extinguished, the court may order substitution
of the proper party. A motion for substitution may be made by any party or by the
decedent’s successor or representative. If the motion is not made within 90 days
after service of a statement noting the death, the action by or against the decedent
must be dismissed.

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Accordingly, IT IS HEREBY ORDERED that a motion for substitution shall be filed on

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22 or before December 23, 2016.
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IT IS SO ORDERED.

25 Dated:

October 31, 2016
UNITED STATES MAGISTRATE JUDGE

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