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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DOUGLAS PIPER,

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Plaintiff,

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No. 2:16-cv-02374-GEB-CKD (PS)

v.

ORDER

HARVEYS CASINO, et al,

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Defendants.

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Defendants City of South Lake Tahoe, South Lake Tahoe Police Department, and Officer

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Hounsell filed a motion to dismiss plaintiff’s second amended complaint on June 26, 2017 (ECF

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No. 25), which came on regularly for hearing on September 20, 2017. Pro se plaintiff Douglas

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Piper appeared on behalf of himself. Helen Burkart appeared telephonically on behalf of

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defendants.
At the hearing, Ms. Burkart asserted that Officer Hounsell is deceased. On May 23, 2017,

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City Attorney Thomas Watson acknowledged receipt of plaintiff’s second amended complaint

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and waived service on behalf of Officer Hounsell. (ECF No. 23 at 3.) On the service of process

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receipt, the U.S. Marshals Service noted “per City Attorney, Officer Hounsell died in Oct. 2015.”

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The court did not receive any formal notification regarding Officer Hounsell’s status.

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Accordingly, IT IS HEREBY ORDERED that:

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Defendants’ shall file a statement of death pursuant to Federal Rule of Civil procedure

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25(a)(1), along with a copy of Officer Hounsell’s death certificate, which may be redacted if

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appropriate, within fourteen (14) days of this order.

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Dated: September 22, 2017

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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