Grant v. Swartzinager et al

Filing 67

ORDER signed by Magistrate Judge John F. Moulds on 4/24/12 ORDERING that 66 Motion to vacate dates is GRANTED; Defendants shall serve the April 17, 2012 statement noting death pursuant to Federal Rule of Civil Procedure 25(a) (3) within 20 days of this order and shall file a certificate of service with the court; All deadlines currently set in this action are vacated.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY D. GRANT,

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Plaintiff,

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No. 2:07-cv-2700 KJM JFM (PC)

vs.
GOVERNOR ARNOLD
SCHWARZENEGGER, et al.,

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Defendants.
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ORDER
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On April 17, 2012, defendants filed a statement noting plaintiff’s death on April

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9, 2012. Defendants will be directed to forthwith serve the statement noting death on any known

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successors or representatives of plaintiff as provided in Fed. R. Civ. P. 4. See Fed. R. Civ. P.

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25(a)(3); see also Barlow v. Ground, 39 F.2d 231, 233-34 (9th Cir. 1994).

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Defendants have also requested that all deadlines currently set in this action be

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vacated and reset, as appropriate, should an appropriate party be substituted in for plaintiff by

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subsequent court order. Defendants represent that plaintiff’s court-appointed attorney concurs in

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this request.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants shall serve the April 17, 2012 statement noting death pursuant to

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Federal Rule of Civil Procedure 25(a)(3) within twenty days of this order and shall file a

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certificate of service with the court;

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2. Defendants’ April 17, 2012 request to vacate dates is granted; and

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3. All deadlines currently set in this action are vacated.

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DATED: April 24, 2012.

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gran2700.death.sug

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