Owens v. FedEx Office and Print Services, Inc. et al

Filing 25

ORDER Requiring Plaintiff to Supplement the Statement of Plaintiff's Death Upon the Record with Evidence of Proper Service. Seven-Day Deadline. signed by Magistrate Judge Barbara A. McAuliffe on 4/10/2017. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR OWENS,

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Plaintiff,
v.

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FEDEX OFFICE AND PRINT SERVICES,
INC., dba FEDEX OFFICE #5181, et al.,

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Defendants.

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Case No. 1:16-cv-01141-AWI-BAM
ORDER REQUIRING PLAINTIFF TO
SUPPLEMENT THE STATEMENT OF
PLAINTIFF’S DEATH UPON THE
RECORD WITH EVIDENCE OF PROPER
SERVICE
SEVEN-DAY DEADLINE

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Plaintiff Arthur Owens (“Plaintiff”), through counsel, initiated this action under the

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Americans with Disabilities Act on August 4, 2016, against Defendants FedEx Office and Print

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Services, Inc., dba FedEx Office #5181; Irwin Hoffman, as Trustee of the Irwin Hoffman

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Irrevocable Trust Agreement dated 3/19/91, and as Trustee of the Hoffman Trust dated 11/20/98;

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and Terry Poders Hoffman, as Trustee of the Hoffman Trust dated 11/20/98.

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Defendant FedEx Office and Print Services, Inc., dba FedEx Office #5181 has been dismissed

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from this action.

(Doc. 1).

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On October 20, 2016, Plaintiff’s counsel, Tanya E. Moore, filed a statement pursuant to

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Federal Rule of Civil Procedure 25(a) noting the death of Plaintiff Arthur Owens during the

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pendency of this action. (Doc. 18.) Although counsel reportedly has been in contact with

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Plaintiff’s brother, Charles Owens, there is no indication that Plaintiff’s counsel served any

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member of Plaintiff’s family, including Plaintiff’s brother, with the statement noting death in

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compliance with Federal Rules of Civil Procedure 4 and 25(a)(1).

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Accordingly, Plaintiff is HEREBY ORDERED to supplement the notice with evidence of

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proper service on Plaintiff’s family member(s) within seven days from the date of service of this

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order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 10, 2017

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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