Owens v. Fresno Foods, LLC, et al.

Filing 44

ORDER Discharging Order to Show Cause signed by Magistrate Judge Stanley A. Boone on 01/11/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR OWENS,
Plaintiff,

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Case No. 1:15-cv-01526-SAB
ORDER DISCHARGING ORDER TO
SHOW CAUSE

v.
(ECF Nos. 42, 43)

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FRESNO FOODS, LLC, et al.,
Defendants.

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On October 20, 2016, Plaintiff’s counsel filed a statement of death informing the Court

18 that Plaintiff is deceased. (ECF No. 40.) On October 31, 2016, the Court ordered that a motion
19 for substitution be filed on or before December 23, 2016. (ECF No. 41.) However, a motion for
20 substitution or other response to the October 31, 2016 order was not filed in compliance with the
21 Court’s October 31, 2016 order.
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On December 28, 2016, an order issued requiring Plaintiff’s counsel to show cause why

23 this action should not be dismissed for failure to file a motion for substitution in compliance with
24 the Court’s October 31, 2016 order. (ECF No. 42.) On January 10, 2017, Plaintiff’s counsel
25 filed a declaration in response to the order to show cause. (ECF No. 43.) Plaintiff’s counsel
26 states that she has been in contact with Plaintiff’s brother, Charles Owens, who she believes to be
27 Plaintiff’s next of kin. Plaintiff’s counsel also states that she does not represent Charles Owens
28 nor any other representative of Plaintiff’s estate. Plaintiff’s counsel indicates that she advised

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1 Charles Owens that the Court has issued the order to show cause and advised him that she has no
2 independent ability to proceed in this action. On January 10, 2017, Plaintiff’s counsel served a
3 copy of the Court’s order to show cause and her declaration in response to the order to show
4 cause on Charles Owens. Based on Plaintiff’s counsel’s response, the order to show cause shall
5 be discharged.
Accordingly, IT IS HEREBY ORDERED that the December 28, 2016 order to show

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7 cause is DISCHARGED.
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IT IS SO ORDERED.

10 Dated:

January 11, 2017
UNITED STATES MAGISTRATE JUDGE

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