Piper v. Harveys Casino et al

Filing 36

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/16/2017 ORDERING the Clerk of the Court shall serve on plaintiff a copy of 35 Statement of Noting a Party's Death together with this order. Plaintiff has until 1/10/2018, to file a motion for substitution. (Washington, S)

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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 13 14 No. 2:16-cv-02374-GEB-CKD (PS) Plaintiff, v. ORDER HARVEYS CASINO, et al., 15 Defendants. 16 17 Presently pending before the court is defendants’ motion to dismiss plaintiff’s second 18 amended complaint (ECF No. 25), which came on regularly for hearing on September 20, 2017. 19 At the hearing, defense counsel, Helen Burkhart represented to the court that defendant Officer 20 Mark Hounsell is deceased. Subsequently, defendants provided a copy of Officer Hounsell’s 21 death certificate to the court and to plaintiff. (ECF No. 35.) Defendants’ service of said 22 certificate has invoked the ninety day time limit for filing a motion for substitution pursuant to 23 Federal Rule of Civil Procedure 25(a)(1). 24 25 Defendants’ pending motion to dismiss stands submitted. The court will reserve judgment on the motion, until the matter regarding defendant Officer Hounsell is resolved. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. 28 The Clerk of the Court shall serve on plaintiff a copy of the death certificate filed on October 12, 2017 (ECF No. 35), together with this order. 1 1 2 3 2. Plaintiff has until January 10, 2018, to file a motion for substitution pursuant to Federal Rule of Civil Procedure 25(a)(1). Dated: October 16, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 14/16-2374.piper.death.def 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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