McCliss et al v. Department of Veterans Affairs et al

Filing 22

ORDER signed by Judge Morrison C. England, Jr on 2/1/08: James B. Peake is substituted as defendant in place of R. James Nicholson, and all further proceedings in this action "shall be in the name of the substituted party." James B. Peake rep by Todd A. Pickles added. R. James Nicholson terminated. (Kaminski, H)

McCliss et al v. Department of Veterans Affairs et al

Doc. 22

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McGREGOR W. SCOTT United States Attorney TODD A. PICKLES Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for the United States of America, Department of Veterans Affairs, and the Hon. James B. Peake, Secretary of Veterans Affairs

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 01154-MCE-KJM CASE NO. 2:07-cv-00154-MCE-KJM NOTICE OF SUBSTITUTION OF DEFENDANT AND ORDER

MARJORIE McCLISS and MARK McCLISS, Plaintiffs, v. JIMMIE EARL WARD; R. JAMES NICHOLSON, Secretary of Veterans Affairs; DEPARTMENT OF VETERANS AFFAIRS; and DOES 1 through 100, inclusive, Defendants.

19 20 21 22 23 24 25 26 27 28 NOTICE IS HEREBY GIVEN that R. James Nicholson resigned from his position as Secretary of Veterans Affairs. On December 14, 2007, James B. Peake, M.D., was confirmed as Secretary of Veterans Affairs. /// /// /// /// /// 1

Dockets.Justia.com

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Accordingly, pursuant to Fed. R. Civ. P. 25(d)(1), James B. Peake will be substituted as defendant in place of R. James Nicholson, and all further proceedings in this action "shall be in the name of the substituted party." Defendants James B. Peake and the Department of Veterans Affairs further request that the caption used in this case be modified to reflect this substitution. Respectfully submitted, DATED: January 31, 2008 By: McGREGOR W. SCOTT United States Attorney /s/ Todd Pickles TODD A. PICKLES Assistant United States Attorney Attorneys for Defendants Department of Veterans Affairs, and for. James B. Peake, Secretary of Veterans Affairs

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: February 1, 2008 IT IS SO ORDERED.

ORDER

________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF SERVICE The undersigned hereby certifies that she is an employee in the office of the United States Attorney for the Eastern District of California, and is of such age and discretion to be competent to serve papers. That on January 31, 2008, she served a copy of: NOTICE OF SUBSTITUTION OF DEFENDANT AND [PROPOSED] ORDER via email to the internet address listed below. Internet Addressee(s): [e-mail]

/s/ Karen James Karen James

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