McCliss et al v. Department of Veterans Affairs et al

Filing 67

ORDER signed by Judge Morrison C. England, Jr on 01/27/09 GRANTING 66 Notice of Substitution of Defendant. Eric K Shinseki rep by Todd A. Pickles added. James B. Peake terminated.(Streeter, J)

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LAWRENCE G. BROWN Acting 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, and the Hon. Eric K. Shinseki, Secretary of Veterans Affairs IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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

CASE NO. 2:07-cv-01154-MCE-KJM NOTICE OF SUBSTITUTION OF DEFENDANT AND ORDER [Fed.R.Civ.P. 25(d)(1)]

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N O T I C E OF SUBSTITUTION

NOTICE IS HEREBY GIVEN that on January 20, 2009, General Eric K. Shinseki was confirmed by the United States Senate as Secretary of Veterans Affairs, replacing James B. Peake, M.D. Accordingly, pursuant to Fed. R. Civ. P. 25(d)(1), Eric K. Shinseki will be substituted as defendant in place of James B. Peake, and all further proceedings in this action "shall be in the name of the substituted party." Defendants Eric K. Shinseki and the United States of America further request that the caption used in this case be modified to reflect this substitution.

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Respectfully submitted, DATED: January 21, 2009 By: LAWRENCE G. BROWN Acting United States Attorney /s/ Todd Pickles TODD A. PICKLES Assistant United States Attorney Attorneys for Defendants United States of America, and for Hon. Eric K. Shinseki, Secretary of Veterans Affairs

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N O T I C E OF SUBSTITUTION

ORDER

IT IS SO ORDERED.

Dated: January 27, 2009 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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