Hall v. Frauenheim et al

Filing 59

ORDER Requiring Defendants by Way of Special Appearance to File a Notice of Suggestion of Plaintiff's Death on the Record within Thirty Days, signed by Magistrate Judge Stanley A. Boone on 09/20/17. (Case Management Deadline: 30-Day Deadline) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD B. HALL,

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Plaintiff,

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v.
SCOTT FRAUENHEIM, et al.,

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Defendants.

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Case No.: 1:16-cv-00263-AWI-SAB (PC)
ORDER REQUIRING DEFENDANTS BY WAY
OF SPECIAL APPEARANCE TO FILE A NOTICE
OF SUGGESTION OF PLAINTIFF’S DEATH ON
THE RECORD WITHIN THIRTY DAYS
[ECF No. 58]

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This is a civil rights action filed pursuant to 42 U.S.C. § 1983 by Plaintiff Richard B. Hall.

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On July 21, 2017, the assigned district judge stayed Plaintiff’s motion for reconsideration and

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referred the matter back to the undersigned in order to conduct a competency hearing and possible

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orders and procedures to protect Plaintiff’s interests, if Plaintiff is determined to be incompetent.
On September 6, 2017, the Court appointed Enid Perez to represent Plaintiff at the competency

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hearing yet to be scheduled.
On September 6, 2017, the Court ordered the Office of the Attorney General to advise the

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Court as to whether a special appearance would be made on behalf of the un-served Defendants at a

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year to be scheduling competency hearing.

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On September 18, 2017, Supervising Deputy Attorney General Monica Anderson filed a

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response to the Court’s September 6, 2017, order. Counsel indicates that on September 15, 2017, the

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Office of the Attorney General received information that Plaintiff, Richard B. Hall (T-09259) died on

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September 11, 2017. (ECF No. 58, Attach. A.)
Accordingly, in light of the information received and provided by the Office of the Attorney

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General, it is HEREBY ORDERED that within thirty (30) days from the date of service of this order,

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Defendants by way of special appearance, shall file a notice of suggestion of Plaintiff’s death on the

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record pursuant to Federal Rule of Civil Procedure 25(a)(1). In addition, any non-party successors or

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representatives of the deceased party must be served the suggestion of death in the manner provided

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by Rule 4 for the service of a summons. Fed. R. Civ. P. 25(a)(3); Barlow v. Ground, 39 F.3d 231,

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232-234 (9th Cir. 1994).

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IT IS SO ORDERED.

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Dated:

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September 20, 2017
UNITED STATES MAGISTRATE JUDGE

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