Voss v. Baker

Filing 71

ORDER Dismissing Action Pursuant to Federal Rule of Civil Procedure 25(A)(1), signed by District Judge Dale A. Drozd on 5/13/19. CASE CLOSED. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CRAIG WILLIAM VOSS, 12 Plaintiff, 13 v. 14 BRIAN BAKER, 15 No. 1: 17-cv-00626-DAD-EPG ORDER DISMISSING ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 25(A)(1) Defendant. (Doc. No. 70) 16 17 On January 18, 2019, defense counsel (“counsel”) filed a statement with the court entitled 18 “Suggestion of Death of Plaintiff Craig William Voss,” providing notice that plaintiff had died 19 during the pendency of this action. (Doc. No. 70.) The statement indicates that counsel has no 20 knowledge or information regarding the successor or representative of plaintiff’s estate, and no 21 knowledge of how he might ascertain that information. However, counsel filed a proof of service 22 with the court that indicates that he served plaintiff’s parents with the suggestion of death on 23 January 18, 2019. (Id. at 3.) 24 “If a party dies and the claim is not thereby extinguished, the court may order substitution 25 of the proper parties. A motion for substitution may be made by any party or by the decedent’s 26 successor or representative. If the motion is not made within 90 days after service of a statement 27 noting the death, the action by or against the decedent must be dismissed.” Fed. R. Civ. P. 28 25(a)(1). 1 1 2 The notice of death was filed and served in this action more than ninety days ago, and no motion for substitution by the decedent’s successor or representative has been made. 3 Accordingly: 4 1.) This action is dismissed pursuant to Federal Rule of Civil Procedure 25(a)(1); 5 2.) All pending motions (Doc. No. 62) are denied as moot; and 6 3.) The Clerk of the Court is directed to close this case. 7 IT IS SO ORDERED. 8 9 Dated: May 13, 2019 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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