Blaine v. California Health Care Facility et al

Filing 102

ORDER signed by Magistrate Judge Allison Claire on 5/11/2017 ORDERING Plaintiff's appointed pro bono counsel, Ms. Kristin Nichole Capritto, released from her appointment at this time; VACATING without prejudice the settlement conference scheduled for 6/8/2017; and VACATING any remaining deadlines, except the 90-day deadline set forth in FRCP 25. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VANCE BLAINE,

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Plaintiff,

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No. 2:13-cv-2163 KJM AC

v.

ORDER

CALIFORNIA HEALTH CARE
FACILITY, et al.,
Defendants.

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By order filed April 14, 2017, this court directed defense counsel to file a formal notice of
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plaintiff’s death and serve such notice on the remaining parties and any known potential
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successor or representative for plaintiff. See ECF No. 100. On May 1, 2017, defense counsel
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filed a notice of plaintiff’s death and informed the court that the only currently known potential
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representative is an attorney whom plaintiff asked to be notified in the event of his death. ECF
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No. 101. Defense counsel filed a certificate of service on attorney Marc E. Grossman in Upland,
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California, id. at 3, who has not, to date, contacted the court. Although Mr. Grossman may be
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attempting to locate a potential successor or representative for plaintiff, the court has not been so
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informed.
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A motion for substitution must be made within 90 days after service of the notice of death.

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Fed. R. Civ. P. 25(a)(1). If a motion is not made within 90 days, the action must be dismissed.

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Id.

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Because it appears that a substitution, if any, may not be imminent, IT IS HEREBY
ORDERED that:
1. Plaintiff’s appointed pro bono counsel, Ms. Kristin Nichole Capritto, is released from

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her appointment at this time. Should a motion for substitution be filed and approved, the court

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will inquire whether Ms. Capritto is willing to assume representation for plaintiff’s successor or

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representative.

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2. The settlement conference scheduled in this case for June 8, 2017, before United States

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Magistrate Judge Kendall J. Newman, is vacated without prejudice to the setting of new

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settlement conference if a successor is appointed to represent plaintiff.

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3. Any remaining deadlines, except the 90-day deadline set forth in Federal Rule of Civil
Procedure 25, are vacated.
4. There are no further matters to be resolved until a motion for substitution is filed or the
time for doing so expires.
IT IS SO ORDERED.
DATED: May 11, 2017

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