Bruno v. Equifax Credit Information Services, LLC, et al.

Filing 278

ORDER signed by Senior Judge William B. Shubb on 1/8/2019 DENYING #265 Motion to Substitute a Proper Party without prejudice and DENYING AS MOOT plaintiff's request that the court extend discovery. (Huang, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL BRUNO, individually and
on behalf of others similarly
situated,
Plaintiff,

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No. 2:17-cv-00327 WBS EFB

ORDER ON MOTION TO SUBSTITUTE
A PROPER PARTY

v.
EQUIFAX INFORMATION SERVICES,
LLC; GENEVA FINANCIAL SERVICES,
INC.; MARK HASSAN; GENEVA
MOTORS, INC. d/b/a GENEVA
FINANCIAL SERVICES; ROBERT
MCGINLEY; KAMIES ELHOUTY; JOHN
MCGINLEY; ANDY MITCHELL; and
REBS SUPPLY, INC. d/b/a REBS
MARKETING, INC.;
Defendants.

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----oo0oo----

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Presently before the court is plaintiff’s Motion to

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Substitute a Proper Party.

(Docket No. 265.)

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Levine, former counsel for defendants John McGinley and Robert

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McGinley, informed this court that defendant Robert McGinley

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passed away on September 10, 2018.
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Previously, Paul

(Docket No. 233.)

In

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response to Mr. Levine’s Motion to Withdraw as Attorney for John

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and Robert McGinley (Docket No. 223), this court ordered counsel

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“to [] contact John McGinley to procure any information about the

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estate of Robert McGinley, including identification of any

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representative of the estate, and inform plaintiff’s attorney and

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the court of such information.” (Order Re: Mot. to Withdraw as

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Counsel (Docket No. 235).)

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Levine’s motion after he informed the court that he did not

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receive any response from John McGinley.

The court ultimately granted Mr.

(Order Re: Mot. to

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Withdraw as Counsel (Docket No. 247).)

Since then, apparently no

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party has been able to ascertain the identity of the proper

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successor or representative of Robert McGinley.

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Plaintiff’s proposed order asks this court to

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substitute “[t]he executor of the Estate of Robert McGinley, or,

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if no individual is acting as the executor, then the

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administrator or distributee of the Estate” in place of Robert

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McGinley.

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McGinley had a will, chose to pass his assets via a trust, or

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died intestate.

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knowing the identity, or at least the legal description, of the

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individual or entity who is the proper party for the purposes

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

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to make a reasonable inquiry regarding the representative of the

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estate or an appropriate successor.”

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Litig., 282 F.R.D. 600, 603–04 (D. Nev. 2012).

However, there is no indication whether Robert

The court will not issue such an order without

Plaintiff has a “duty

See In re MGM Mirage Sec.

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It very well could be the case that Robert McGinley
does not have an estate, which case plaintiff’s request would be
meaningless, or at least premature.
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IT IS THEREFORE ORDERED that plaintiff’s Motion to

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Substitute a Proper Party (Docket No. 265.) is DENIED WITHOUT

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PREJUDICE.

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ascertains the identity of the proper party for the purposes of

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Rule 25.

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March 18, 2019 (Docket No. 268), plaintiff’s request that the

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court extend discovery for the limited purpose of allowing

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plaintiff to discover the administrator, executor, or

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distributee(s) of Robert McGinley’s estate is DENIED AS MOOT.

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Dated:

Plaintiff may refile his motion if and when he

Because the court already extended fact discovery until

January 8, 2019

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