Brown v. Sagireddy

Filing 33

ORDER signed by Magistrate Judge Allison Claire on 08/05/20 ORDERING that this action is STAYED pending further order of this court, EXCEPT that any potential successor or representative of plaintiff may request substitution in this case in a representative capacity on or before September 8, 2020. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEXTER BROWN,

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No. 2:17-cv-2041 KJM AC P

Plaintiff,
v.

ORDER

PURUSHOTTAMA SAGIREDDY,
Defendant.

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This prisoner civil rights action was commenced by Dexter Brown, who recently died.

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By order filed May 20, 2020, this court directed the Office of the California Attorney General

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(AG) to specially appear in this action for the purpose of filing a formal statement noting

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plaintiff’s death and serving such statement on any known potential successor or representative of

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plaintiff who may request substitution in this case in a representative capacity within ninety days.

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ECF No. 26. The AG personally served such notice and statement on a potential successor on

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June 7, 2020, as filed in this court on June 10, 2020. ECF No. 29.

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Sole defendant Dr. Purushottama Sagireddy filed a waiver of service in this case. ECF

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No. 31. Defendant Sagireddy now requests that a stay in this action be issued pending expiration

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of the ninety-day period authorizing substitution. ECF No. 32. The ninety-day period will

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effectively conclude at the end of the day on Tuesday, September 8, 2020.1 If no substitution is

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made, defendant requests that this action then be dismissed. ECF No. 32. The undersigned finds

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defendant’s requests to be reasonable and made in good faith.

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Accordingly, for good cause shown, IT IS HEREBY ORDERED that this action is

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STAYED pending further order of this court, EXCEPT that any potential successor or

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representative of plaintiff may request substitution in this case in a representative capacity on or

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before September 8, 2020.

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SO ORDERED.
DATED: August 5, 2020

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Ninety days after June 7, 2020 is Saturday, September 5, 2020; Monday, September 7, 2020 is a
legal holiday. Under Rule 6, Federal Rules of Civil Procedure, deadlines are extended to “the end
of the next day that is not a Saturday, Sunday, or legal holiday.” Fed. R. Civ. P. 6(a)(1)(C).
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