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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DOUGLAS PIPER,

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

Plaintiff,
v.

ORDER

HARVEYS CASINO, et al.,

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Defendants.

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Presently pending before the court is defendants’ motion to dismiss plaintiff’s second

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amended complaint (ECF No. 25), which came on regularly for hearing on September 20, 2017.

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At the hearing, defense counsel, Helen Burkhart represented to the court that defendant Officer

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Mark Hounsell is deceased. Subsequently, defendants provided a copy of Officer Hounsell’s

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death certificate to the court and to plaintiff. (ECF No. 35.) Defendants’ service of said

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certificate has invoked the ninety day time limit for filing a motion for substitution pursuant to

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Federal Rule of Civil Procedure 25(a)(1).

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Defendants’ pending motion to dismiss stands submitted. The court will reserve judgment
on the motion, until the matter regarding defendant Officer Hounsell is resolved.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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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.
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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

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14/16-2374.piper.death.def

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