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