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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CRAIG WILLIAM VOSS,

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Plaintiff,

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v.

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BRIAN BAKER,

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No. 1: 17-cv-00626-DAD-EPG

ORDER DISMISSING ACTION PURSUANT
TO FEDERAL RULE OF CIVIL PROCEDURE
25(A)(1)
Defendant.

(Doc. No. 70)

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On January 18, 2019, defense counsel (“counsel”) filed a statement with the court entitled

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“Suggestion of Death of Plaintiff Craig William Voss,” providing notice that plaintiff had died

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during the pendency of this action. (Doc. No. 70.) The statement indicates that counsel has no

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knowledge or information regarding the successor or representative of plaintiff’s estate, and no

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knowledge of how he might ascertain that information. However, counsel filed a proof of service

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with the court that indicates that he served plaintiff’s parents with the suggestion of death on

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January 18, 2019. (Id. at 3.)

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“If a party dies and the claim is not thereby extinguished, the court may order substitution

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of the proper parties. A motion for substitution may be made by any party or by the decedent’s

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successor or representative. If the motion is not made within 90 days after service of a statement

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noting the death, the action by or against the decedent must be dismissed.” Fed. R. Civ. P.

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25(a)(1).
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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.

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Accordingly:

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1.) This action is dismissed pursuant to Federal Rule of Civil Procedure 25(a)(1);

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2.) All pending motions (Doc. No. 62) are denied as moot; and

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3.) The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.

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Dated:

May 13, 2019
UNITED STATES DISTRICT JUDGE

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