Elder v. Silva et al

Filing 75

ORDER signed by District Judge Troy L. Nunley on 1/26/23 GRANTING 72 Defendant's Ex Parte Application to Vacate the Pretrial Schedule and Trial and Temporarily Stay This Matter Pending the Substitution of a Party. Plaintiff has 90 days f rom the service of the Notice of Death to file a motion for substitution; any motion for substitution must be filed by 4/12/23. Failure to file a motion for substitution will result in the dismissal of the action against the decedent. If a proper party is timely substituted, then the stay should be lifted at that time and trial will be placed back on calendar. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COREY JEROME ELDER,

Plaintiff, ORDER

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v.

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Case No. 2:16-cv-01925-TLN DMC (PC)

SILVA, et al.,

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Defendant.

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Good cause appearing, Defendant’s Ex Parte Application to Vacate the Pretrial Schedule

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and Trial and Temporarily Stay This Matter Pending the Substitution of a Party Pursuant to

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FRCP (25)(a)(1) is GRANTED.
Plaintiff has 90 days from the service of the Notice of Death to file a motion for

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substitution. See Fed. R. Civ. P. 25(a)(1). Accordingly, any motion for substitution must be filed

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by Wednesday, April 12, 2023. Failure to file a motion for substitution will result in the

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dismissal of the action against the decedent. Id.

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Order (2:16-cv-01925-TLN DMC (PC))

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If a proper party is timely substituted, then the stay should be lifted at that time and trial
will be placed back on calendar.
IT IS SO ORDERED.

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Dated: January 26, 2023
Troy L. Nunley
United States District Judge

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Order (2:16-cv-01925-TLN DMC (PC))