Elder v. Silva et al
Filing
93
ORDER signed by Magistrate Judge Dennis M. Cota on 6/26/2024 ORDERING the 92 renewed suggestion of death is deemed timely and the 90-day period within which a motion for substitution must be filed commenced on 5/6/2024. Plaintiff's curren t 87 motion for substitution is DENIED without prejudice. Plaintiff's counsel shall undertake an investigation to determine whether the individual identified in the renewed suggestion of death filed on 5/6/2024, is a successor-in-interest amendable to substitution. This matter is set for a status conference for 6/26/2024 at 09:00 AM before Magistrate Judge Dennis M. Cota, via Zoom. (Yin, K)
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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,
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Plaintiff,
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v.
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JOKSCH,
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No. 2:16-CV-1925-DJC-DMC-P
ORDER
Defendant.
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Plaintiff, a prisoner proceeding with limited purpose appointed counsel, brings this
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civil rights action under 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s renewed
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motion, ECF No. 87, for substitution of parties following the suggestion of death of Defendant
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Joksch. A hearing was held before the undersigned via Zoom on May 3, 2024. Plaintiff appeared
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through limited purpose appointed counsel Matthew Norris, Esq. Joshua Shuster, Esq., and Sarah
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Brattin, Esq., specially appeared for Defendant Joksch. Following discussions with counsel, the
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matter was submitted.
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Consistent with the Court’s rulings at the time of the hearing, defense counsel has
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timely filed a renewed notice of suggestion of death, with information identifying Defendant’s
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next of kin filed under seal. See ECF No. 92. This filing re-starts the 90-day period within which
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a motion for substitution must be filed pursuant to Federal Rule of Civil Procedure 25. Plaintiff’s
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counsel shall undertake an investigation to determine whether the next of kin identified in the
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renewed suggestion is a successor-in-interest amenable to substitution. Pending completion of
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Plaintiff’s counsel’s investigation, the matter will be set for a status conference. The stay of
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proceedings shall remain in effect. Plaintiff’s counsel’s appointment shall also remain in effect
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pending further order of the Court.
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Accordingly, IT IS HEREBY ORDERED as follows:
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1.
The renewed suggestion of death, filed on May 6, 2024, is deemed timely.
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2.
The 90-day period within which a motion for substitution must be filed
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commenced on May 6, 2024.
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3.
Plaintiff’s current motion for substitution, ECF No. 87, is denied without
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Plaintiff’s counsel shall undertake an investigation to determine whether
prejudice.
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the individual identified in the renewed suggestion of death filed on May 6, 2024, is a successor-
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in-interest amendable to substitution.
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5.
This matter is set for a status conference before the undersigned via Zoom
on June 26, 2024, at 9:00 a.m.
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Dated: May 9, 2024
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
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