Brown v. Sonoma County Land Company
Filing
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ORDER. Signed by Judge Robert M. Illman on 8/15/2019. (rmilc1, COURT STAFF) (Filed on 8/15/2019)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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EUREKA DIVISION
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JEANETTE BROWN,
Plaintiff,
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United States District Court
Northern District of California
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Case No. 17-cv-00913-RMI
ORDER
v.
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SONOMA COUNTY LAND COMPANY
d/b/a EVERGREEN VILLAGE, READ
INVESTMENTS, LLC,
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Defendants.
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JEANETTE BROWN, et al.,
Case No. 18-cv-02699-RMI
Plaintiffs,
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v.
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SONOMA COUNTY LAND COMPANY
d/b/a EVERGREEN VILLAGE, READ
INVESTMENTS, LLC, and E. RICHARD
THOMAS, an individual,
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Defendants.
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On July 1, 2019, Plaintiff filed a Motion to Substitute Penny Cutting for Plaintiff Jeanette
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Brown (the “Motion”) based on Ms. Brown’s death approximately three weeks earlier. (dkts. 60-
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63). The Motion noticed a hearing for August 13, 2019 at 10:00 a.m. before the undersigned. Id.
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However, Plaintiff’s counsel did not appear at the hearing. The court has questions regarding the
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Motion, including which claims survive Ms. Brown’s death. See Barria v. Yu, No. 08-CV-0908
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BEN (CAB), 2010 WL 2653322, at *1–2 (S.D. Cal. July 1, 2010). In addition, at the hearing,
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counsel for Defendant Read Investments, LLC raised questions regarding whether Ms. Cutting is
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the “proper party” for substitution. Furthermore, Read Investments filed notices of death for Ms.
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Brown and Plaintiff Norma Lowe on July 17, 2019. See Brown v. Sonoma Cty. Land Co., No. 18-
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cv-02699-RMI (N.D. Cal. 2018) (dkts. 42 & 43). Accordingly, the parties are hereby ordered to
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meet and confer regarding the status of Plaintiffs and are directed to file a joint statement and/or
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proposed order regarding substitution of all deceased Plaintiffs no later than September 15, 2019.
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In addition, the parties must include a list of three proposed dates for mediation.
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IT IS SO ORDERED.
Dated: August 15, 2019
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United States District Court
Northern District of California
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ROBERT M. ILLMAN
United States Magistrate Judge
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