Piper v. Harveys Casino et al

Filing 32

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/22/17: Defendants' shall file a statement of death along with a copy of Officer Hounsell's death certificate, which may be redacted if appropriate, within fourteen (14) days of this order. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DOUGLAS PIPER, 12 Plaintiff, 13 14 No. 2:16-cv-02374-GEB-CKD (PS) v. ORDER HARVEYS CASINO, et al, 15 Defendants. 16 17 Defendants City of South Lake Tahoe, South Lake Tahoe Police Department, and Officer 18 Hounsell filed a motion to dismiss plaintiff’s second amended complaint on June 26, 2017 (ECF 19 No. 25), which came on regularly for hearing on September 20, 2017. Pro se plaintiff Douglas 20 Piper appeared on behalf of himself. Helen Burkart appeared telephonically on behalf of 21 defendants. At the hearing, Ms. Burkart asserted that Officer Hounsell is deceased. On May 23, 2017, 22 23 City Attorney Thomas Watson acknowledged receipt of plaintiff’s second amended complaint 24 and waived service on behalf of Officer Hounsell. (ECF No. 23 at 3.) On the service of process 25 receipt, the U.S. Marshals Service noted “per City Attorney, Officer Hounsell died in Oct. 2015.” 26 The court did not receive any formal notification regarding Officer Hounsell’s status. 27 //// 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 Defendants’ shall file a statement of death pursuant to Federal Rule of Civil procedure 3 25(a)(1), along with a copy of Officer Hounsell’s death certificate, which may be redacted if 4 appropriate, within fourteen (14) days of this order. 5 Dated: September 22, 2017 6 7 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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