Gilman v. Fisher, et al

Filing 568

ORDER signed by District Judge Morrison C. England, Jr on 9/21/16 ORDERING that the Court finds that the rights of the class members survive Mr. Gilman's death, this action does not abate, but proceeds in favor of the remaining plaintiff class members. Therefore, Plaintiffs' request that class member PAUL MADDEN be substituted as Plaintiffs' named plaintiff representative is GRANTED. The Clerk is directed to change the caption of this action to Paul Madden, et al. v. Edmund G. Brown, et al., (Becknal, R)

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CARTER C. WHITE, Ca Bar # 164149
U.C. Davis Civil Rights Clinic
One Shields Avenue, Building TB-30
Davis, CA 95616-8821
Telephone: [phone]
Facsimile: [phone]
[e-mail]
HEATHER E. WILLIAMS, Ca Bar 122664
Federal Defender
ANN C. McCLINTOCK, Ca Bar #141313
Assistant Federal Defenders
801 I Street, 3rd Floor
Sacramento, CA 95814
Telephone: [phone]
Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD M. GILMAN, et al.,
Petitioner,

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v.

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EDMUND G. BROWN, et al.,
Defendants.

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NO. 2:05-cv-830 MCE
ORDER
GRANTING MOTION TO
SUBSTITUTE PAUL MADDEN AS
NAMED REPRESENTATIVE
PLAINTIFF

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Consistent with the requirements Rule 25(a) of the Federal Rules of Civil

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Procedure, Plaintiffs, by and through their attorneys, noted on the record the death

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of the named plaintiff representative, Richard M. Gilman, and moved unopposed to

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substitute a new named plaintiff representative. The Court finds that the rights of

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the class members survive Mr. Gilman’s death, this action does not abate, but

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proceeds in favor of the remaining plaintiff class members. Therefore, Plaintiffs’

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request that class member PAUL MADDEN be substituted as Plaintiffs’ named

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plaintiff representative is GRANTED.

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The Clerk is directed to change the caption of this action to Paul Madden, et
al. v. Edmund G. Brown, et al.,
IT IS SO ORDERED.

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Dated: September 21, 2016

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