Richard S. Kindred v. Allenby et al

Filing 117

ORDER DIRECTING Defense Counsel to File Supplement to response dated January 4, 2023 116 , signed by Magistrate Judge Erica P. Grosjean on 1/25/2023. (Case Management Deadline: 14-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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ORDER DIRECTING DEFENSE COUNSEL
TO FILE SUPPLEMENT TO RESPONSE
DATED JANUARY 4, 2023 (ECF No. 116)

Plaintiff,

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Case No. 1:18-cv-00554-ADA-EPG (PC)

RICHARD SCOTT KINDRED,

v.
ALLENBY, et al.,

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Defendants.

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On December 14, 2022, the Court directed defense counsel “to file the signed return

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receipt (or other evidence of actual delivery) [of the Notice of Death and complaint], or to file a

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brief explaining why defense counsel believes she is not required to do so.” (ECF No. 115, p. 2).
On January 4, 2023, defense counsel filed a response. (ECF No. 116). In the response,

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defense counsel stated that actual delivery was attempted repeatedly, but the courier service was

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informed that Executor Bryen Kindred no longer lived at the address defense counsel had for him.

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Defense counsel argued that she should not be required to take any further action, in part because

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“Rule 25 does not mandate defense counsel incur the cost of identifying the location of successor

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parties whose location is misidentified in plaintiff’s estate planning documents.” (ECF No. 116,

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p. 2).

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The Court notes that in another case involving plaintiff Richard Kindred, Kindred v.

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Cabrera, E.D. CA 1:19-cv-00901, defense counsel appears to have located Plaintiff’s surviving

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kin, Bryen Kindred and Carol Dietz, and served both of them with a copy of the complaint and
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the Notice of Death. Id. at ECF No. 44. Addresses for both are included in the filing. Id.
Given this, the Court will direct defense counsel to file a supplement to her January 4,
2023 response (ECF No. 116).
Accordingly, IT IS ORDERED that defense counsel has fourteen days from the date of
service of this order to file a supplement to her January 4, 2023 response (ECF No. 116).

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IT IS SO ORDERED.
Dated:

January 25, 2023

/s/
UNITED STATES MAGISTRATE JUDGE

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