Chappell v. Pliler, et al

Filing 139

ORDER signed by District Judge Troy L. Nunley on 11/14/2018 GRANTING 126 Motion to Substitute Party. Rosario Family Trust added as successor for Defendant Rosario. T Rosario terminated. (Donati, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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REX CHAPPELL,

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Plaintiff,

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No. 2:04-cv-01183-TLN-DB

v.

ORDER SUBSTITUTING PARTY

C.K. PLILER, et al.,

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Defendant.

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On July 16, 2018, Defendants filed a Notice of Suggestion of Death, informing Plaintiff

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that Defendant Terry Rosario died. (ECF No. 125.) On August 27, 2018, Plaintiff timely filed a

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motion to substitute in accordance with Fed. R. Civ. P. 25. (ECF No. 126; Fed. R. Civ. P. 25(a)

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(outlining that a motion to substitute a party must be made within 90 days).)

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Plaintiff requests the Court issue an order substituting Gloria Rosario, Defendant

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Rosario’s wife, for Defendant Rosario, “or, in the alternative, for an order directing Defendants’

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counsel to identify a successor or representative for Defendant Rosario.” (ECF No. 126 at 2.)

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Defendants, in response to Plaintiff’s motion state that “[b]ased on information provided by

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Gloria Rosario, the successor to Terry Rosario is the Rosario Family Trust, and the representative

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or trustee for the Family Trust is Gloria Rosario.” (ECF No. 129 at 2.) Plaintiff has not replied.

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Accordingly, the Court hereby grants Plaintiff’s request for an order directing Defendants’

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counsel to identify a successor or representative for Defendant Rosario. Based on the foregoing,

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the Rosario Family Trust is hereby substituted for Defendant Rosario, as the Trust is identified by

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Defendants as the appropriate successor to Defendant Rosario.

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IT IS SO ORDERED.

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Dated: November 14, 2018

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Troy L. Nunley
United States District Judge

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