Coats v. Kimura et al

Filing 66

ORDER signed by Magistrate Judge Kendall J. Newman on 8/2/11 ORDERING that any party who objects to the dismissal of defendant Dr. Evans, deceased, shall file said objection within 30 days from the date of this order. (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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WILLIAM THOMAS COATS,

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Plaintiff,

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No. 2:09-cv-1830 MCE KJN P

vs.
T. KIMURA, et al.,

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Defendants.

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ORDER
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On March 4, 2011, plaintiff filed a notice that defendant Dr. Evans is deceased.

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Ninety days have passed, Rule 25(a)(1) of the Federal Rules of Civil Procedure, and it does not

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appear appropriate to substitute a successor or representative in place of defendant Dr. Evans.

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Smith v. Planas, 151 F.R.D. 547 (S.D. N.Y. 1993). Within thirty days from the date of this

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order, the parties shall notify the court if they have objection to the dismissal of defendant Dr.

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Evans from this action.

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Accordingly, IT IS HEREBY ORDERED that any party who objects to the

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dismissal of defendant Dr. Evans, deceased, shall file said objection within thirty days from the

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date of this order. Failure to object will result in the dismissal of defendant Evans.

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DATED: August 2, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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