Blaine v. California Health Care Facility et al

Filing 100

ORDER signed by Magistrate Judge Allison Claire on 4/13/2017 ORDERING within 21 days, Deputy Attorney General Matthew Ross Wilson shall: (a) file a formal notice of plaintiff's death; (b) serve such notice on all parties and any known potenti al successor or representative of plaintiff who may seek to substitute in as the proper party in this case in a representative capacity. Notwithstanding the 90-day period permitting substitution under Fed.R.Civ.P. 25(a)(1), the settlement conference shall remain scheduled for 6/8/2017, before Magistrate Judge Kendall J. Newman, provided substitution is made prior to that date. Plaintiff's appointed counsel, Ms. Capritto, shall contact the court's Pro Bono Coordinator within the next 21 days to express whether she is willing to represent a properly substituted representative for plaintiff in this case. (cc: KJN, ADR)(Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

VANCE BLAINE,

12
13
14
15
16
17

No. 2:13-cv-2163 KJM AC P

Plaintiff,
v.

ORDER

CALIFORNIA HEALTH CARE
FACILITY, et al.,
Defendants.
On April 13, 2017, the Litigation Coordinator at the California Medical Facility informed

18

a member of this court’s Clerk’s Office that plaintiff Vance Blaine died on March 24, 2017. A

19

settlement conference on the merits of this action remains scheduled for June 8, 2017. Counsel

20

for plaintiff, Kristin Nichole Capritto, was appointed for the limited purpose of representing

21

plaintiff’s interests at the settlement conference. Defendants Crosson and Ditomas are

22

represented by Deputy Attorney General Matthew Ross Wilson; defendant Sabin is represented

23

by private counsel Peter Carlberg Zilaff.

24

IT IS HEREBY ORDERED that:

25

1. Within twenty-one (21) days after the filing date of this order, Deputy Attorney

26

General Matthew Ross Wilson shall: (a) file a formal notice of plaintiff’s death; (b) serve such

27

notice on all parties and any known potential successor or representative of plaintiff who may

28

seek to substitute in as the proper party in this case in a representative capacity, see
1

1

Fed. R. Civ. P. 25(a)(3), and Fed. R. Civ. P. 4 and 5; see also Barlow v. Ground, 39 F.2d 231,

2

233-34 (9th Cir. 1994); and (c) file certificates of service on each potential representative.

3

2. Notwithstanding the 90-day period permitting substitution under Federal Rule of Civil

4

Procedure 25(a)(1), the settlement conference shall remain scheduled for June 8, 2017, before

5

United States Magistrate Judge Kendall J. Newman, provided substitution is made prior to that

6

date. If substitution takes place later, the court will re-schedule the settlement conference.

7

3. Plaintiff’s appointed counsel, Ms. Capritto, is directed to contact the court’s Pro Bono

8

Coordinator within the next twenty-one (21) days to express whether she is willing to represent a

9

properly substituted representative for plaintiff in this case.

10
11

IT IS SO ORDERED.
DATED: April 13, 2017.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2