Allen v. Kramer et al

Filing 98

ORDER REQUIRING Defendants to Respond to 97 Plaintiff's Motion to Substitute Deceased Defendant, signed by Magistrate Judge Jeremy D. Peterson on 8/11/2020. Response due within 30 days. (Rivera, O)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID ALLEN,

Case No. 1:15-cv-01609-DAD-JDP
Plaintiff,

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v.
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ORDER REQUIRING DEFENDANTS TO
RESPOND TO PLAINTIFF’S MOTION TO
SUBSTITUTE DECEASED DEFENDANT

STEPHANIE CLENDENIN, et al.,
ECF No. 97

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Defendants.

RESPONSE DUE WITHIN 30 DAYS

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Plaintiff moves to substitute a representative for the deceased defendant Cliff Allenby.
ECF No. 97. Plaintiff’s motion is unopposed. However, it does not name the person to be
substituted or indicate whether it has been served on that individual. See Fed. R. Civ. P. 25(a)(3)
(requiring service of a motion to substitute). The burden of identifying defendant Cliff Allenby’s
personal representative falls upon defendants. See Gilmore v. Lockard, 936 F.3d 857, 867 (9th
Cir. 2019). Thus, defendants are ordered to identify that individual within 30 days. After that
individual has been identified, plaintiff must serve his motion upon him or her, and the court will
allow an opportunity for that nonparty to respond to plaintiff’s motion.

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IT IS SO ORDERED.

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Dated:

August 11, 2020
UNITED STATES MAGISTRATE JUDGE

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No. 204.

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