Farley v. Virga et al

Filing 116

ORDER signed by Magistrate Judge Kendall J. Newman on 7/21/2015 ORDERING defendants to serve the statement noting plaintiff's death pursuant to Fed. R. Civ. P. 25(a)(3) within 21 days and file a certificate of service with the court. All pending 102 , 106 , 110 motions are VACATED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM D. FARLEY,

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No. 2:13-cv-1751 WBS KJN P

Plaintiff,

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v.

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T. VIRGA, et al.,

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ORDER

Defendants.

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In light of the statement noting plaintiff’s death upon the record, defendants will be

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directed to serve the statement pursuant to Federal Rule of Civil Procedure 25(a)(3). Defendants

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shall forthwith serve the statement noting death on any known successors or representatives of

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plaintiff as provided in Fed. R. Civ. P. 5 and 4, respectively. See Fed. R. Civ. P. 25(a)(3); see

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also Barlow v. Ground, 39 F.2d 231, 233-34 (9th Cir. 1994). The statement shall inform the

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known successors or representatives of the 90 day time limit for the filing of a notice of

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substitution. See Fed. R. Civ. P. 25(a)(1).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants shall serve the statement noting plaintiff’s death pursuant to Federal Rule

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of Civil Procedure 25(a)(3) within twenty-one days of this order and shall file a certificate of

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service with the court;

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2. All pending motions (ECF Nos. 102, 106, 110) are vacated.
Dated: July 21, 2015

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