Marpel v. Saukhla et al

Filing 40

ORDER signed by Magistrate Judge Kendall J. Newman on 4/6/12 ORDERING that plaintiffs successor and/or representative is hereby informed that any motion for substitution must be filed with this court on or before June 26, 2012. If no motion for substitution is filed on or before June 26, 2012, this action will be dismissed. (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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JOSEPH MARPEL,

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Plaintiff,

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vs.

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No. 2:11-cv-0387 KJN P

SAUKHLA, et al.,

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Defendants.

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ORDER
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On March 28, 2012, defendants1 filed a Notice of Plaintiff’s Death, together with

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a copy of plaintiff’s death certificate, and served a copy of the Notice and certificate on plaintiff’s

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last address of record, the California Medical Facility. (See Dkt. No. 38.) Although the Notice

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states that “[d]efendants’ counsel is not aware of any next of kin” (Dkt. No. 38 at 1), service of

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the Notice upon the record of this action commences the 90-day period for decedent’s successor

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or representative to file a motion for substitution. See Fed. R. Civ. P. 25(a)(1).

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Pursuant to order and judgment filed March 27, 2012, this action now proceeds against
only one defendant, defendant Saukhla. (See Dkt. Nos. 36, 37.)
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Plaintiff’s successor and/or representative is hereby informed that any motion for

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substitution must be filed with this court on or before June 26, 2012. If no motion for

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substitution is filed on or before June 26, 2012, this action will be dismissed.

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DATED: April 6, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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marp0387.death.

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