DeGuzman et al v. Crane Co. et al

Filing 277

ORDER by Judge Phyllis J. Hamilton granting 271 Motion to Substitute Party. (pjhlc2, COURT STAFF) (Filed on 1/29/2018)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

JAIME DEGUZMAN, et al.,

9
10

United States District Court
Northern District of California

11

Case No. 17-cv-02228-PJH

Plaintiffs,

8
v.

CRANE CO., et al.,
Defendants.

ORDER GRANTING MOTION TO
SUBSTITUTE PARTIES AND AMEND
COMPLAINT
Re: Dkt. No. 271

12
13
14

Before the court is plaintiff Loida DeGuzman’s motion to substitute parties filed on

15

January 9, 2018. No opposition was filed and the matter is suitable for decision without

16

oral argument. Accordingly, the hearing set for February 14, 2018, is VACATED. Having

17

read the papers and carefully considered the arguments and the relevant legal authority,

18

and good cause appearing, the court hereby GRANTS plaintiff’s motion.

19

Original plaintiffs Jaime DeGuzman and his wife Loida DeGuzman alleged that

20

Jaime DeGuzman’s cancer was caused by his exposure to asbestos during his service

21

as an electrician in the U.S. Navy. See Dkt. 35 (“Compl.”).

22

On October 5, 2017, Mr. DeGuzman passed away. Dkt. 272. He is survived by

23

his wife, plaintiff Loida DeGuzman, and his three adult children, Jastine Villanueva, Jason

24

DeGuzman, and Jay DeGuzman. On October 12, 2017, a notice of suggestion of death

25

was filed with the court. See Dkts. 259-260.

26
27
28

The parties stipulated to plaintiff Loida DeGuzman filing an amended complaint to
include survival and wrongful death actions authorized by the California Code of Civil

1

Procedure. Dkt. 270. The parties did not stipulate to the substitution of parties, see id,

2

and plaintiff has not submitted a proposed amended complaint.

3

Plaintiff’s unopposed motion to substitute parties pursuant to Fed. R. Civ. P. 25(a)

4

is now before the court. The proposed substituted plaintiffs are Loida DeGuzman,

5

individually and on behalf of the Estate of Jaime DeGuzman, and Jaime’s DeGuzman’s

6

three children.

7

The court finds that plaintiff has satisfied the requirements of Rule 25(a) and

8

hereby GRANTS plaintiff’s motion to substitute parties and to amend the complaint.

9

As plaintiff has not submitted a proposed amended complaint for the court’s
review, other than the substitution of parties, the only amendments allowable are those

11
United States District Court
Northern District of California

10

referenced in the parties’ January 9, 2018 stipulation. The amended complaint must be

12

filed within 14 days of this order.

13
14
15
16

IT IS SO ORDERED.
Dated: January 29, 2018
__________________________________
PHYLLIS J. HAMILTON
United States District Judge

17
18
19
20
21
22
23
24
25
26
27
28
2