Brown v. Sonoma County Land Company

Filing 71

ORDER. Signed by Judge Robert M. Illman on 8/15/2019. (rmilc1, COURT STAFF) (Filed on 8/15/2019)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISION 7 8 JEANETTE BROWN, Plaintiff, 9 10 United States District Court Northern District of California 11 Case No. 17-cv-00913-RMI ORDER v. 12 SONOMA COUNTY LAND COMPANY d/b/a EVERGREEN VILLAGE, READ INVESTMENTS, LLC, 13 Defendants. 14 15 JEANETTE BROWN, et al., Case No. 18-cv-02699-RMI Plaintiffs, 16 v. 17 19 SONOMA COUNTY LAND COMPANY d/b/a EVERGREEN VILLAGE, READ INVESTMENTS, LLC, and E. RICHARD THOMAS, an individual, 20 Defendants. 18 21 22 On July 1, 2019, Plaintiff filed a Motion to Substitute Penny Cutting for Plaintiff Jeanette 23 Brown (the “Motion”) based on Ms. Brown’s death approximately three weeks earlier. (dkts. 60- 24 63). The Motion noticed a hearing for August 13, 2019 at 10:00 a.m. before the undersigned. Id. 25 However, Plaintiff’s counsel did not appear at the hearing. The court has questions regarding the 26 Motion, including which claims survive Ms. Brown’s death. See Barria v. Yu, No. 08-CV-0908 27 BEN (CAB), 2010 WL 2653322, at *1–2 (S.D. Cal. July 1, 2010). In addition, at the hearing, 28 counsel for Defendant Read Investments, LLC raised questions regarding whether Ms. Cutting is 1 the “proper party” for substitution. Furthermore, Read Investments filed notices of death for Ms. 2 Brown and Plaintiff Norma Lowe on July 17, 2019. See Brown v. Sonoma Cty. Land Co., No. 18- 3 cv-02699-RMI (N.D. Cal. 2018) (dkts. 42 & 43). Accordingly, the parties are hereby ordered to 4 meet and confer regarding the status of Plaintiffs and are directed to file a joint statement and/or 5 proposed order regarding substitution of all deceased Plaintiffs no later than September 15, 2019. 6 In addition, the parties must include a list of three proposed dates for mediation. 7 8 9 IT IS SO ORDERED. Dated: August 15, 2019 10 United States District Court Northern District of California 11 ROBERT M. ILLMAN United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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