Gress v. Smith, et al.

Filing 180

ORDER signed by Magistrate Judge Kendall J. Newman on 4/2/19 ORDERING that Within twenty-one days from the date of this order, defendants shall file and serve the notice and statement described above, and shall file a certificate of service with the court; and Defendants shall forthwith take steps to preserve Plaintiff's legal materials and written documents for Plaintiff's next of kin, including serving a copy of this order on the litigation coordinator at the prison where plaintiff was last housed.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL GRESS,

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No. 2:13-cv-0328 TLN KJN P

Plaintiff,
v.

ORDER

DR. CHRISTOPHER SMITH, et al.,

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Defendants.

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The court has been informally notified of plaintiff’s purported death on March 20, 2019.

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Therefore, defendants are directed to file a statement noting plaintiff’s death upon the record, and

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shall serve the statement pursuant to Federal Rule of Civil Procedure 25(a)(3). Also, defendants

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shall forthwith serve the statement noting death on the parties and any known successors or

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representatives of the deceased party as provided in Fed. R. Civ. P. 5 and 4, respectively. See

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

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addition, counsel for defendants shall take steps to preserve plaintiff’s legal materials and written

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documents should plaintiff’s heirs seek to continue on plaintiff’s behalf with any claims that

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survive his death.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within twenty-one days from the date of this order, defendants shall file and serve the

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notice and statement described above, and shall file a certificate of service with the court; and
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2. Defendants shall forthwith take steps to preserve plaintiff’s legal materials and written

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documents for plaintiff’s next of kin, including serving a copy of this order on the litigation

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coordinator at the prison where plaintiff was last housed.

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Dated: April 2, 2019

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/gres0328.death

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