Eidler et al v. Brookdale Senior Living, Inc. et al

Filing 260

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING 254 MOTION FOR SUBSTITUTION OF DECEASED PLAINTIFFS AND 253 ADMINISTRATIVE MOTION TO FILE UNDER SEAL Lawrence Quinlan (by and through his Guardian Ad Litem), Edward Boris (by and through his Guardian Ad Litem) and Helen Carlson (by and through her Guardian Ad Litem) terminated. (ndrS, COURT STAFF) (Filed on 6/2/2021)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STACIA STINER, et al.,

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Plaintiffs,
v.

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BROOKDALE SENIOR LIVING, INC., et
al.,

Case No. 17-cv-03962-HSG
ORDER GRANTING MOTION FOR
SUBSTITUTION OF DECEASED
PLAINTIFFS AND ADMINISTRATIVE
MOTION TO FILE UNDER SEAL
Re: Dkt. Nos. 253, 254

United States District Court
Northern District of California

Defendants.
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Pending before the Court are Plaintiffs’ motion for substitution of deceased plaintiffs and

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administrative motion to file under seal. Dkt. Nos. 253, 254. On June 1, 2021, Defendants filed a

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statement of non-opposition to the motion for substitution. Dkt. No. 259. Having considered the

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parties’ positions and for the following reasons, the Court GRANTS both motions.

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I.

MOTION FOR SUBSTITUTION OF DECEASED PLAINTIFFS

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“In deciding a motion to substitute under Rule 25(a)(1), a court must consider whether: (1)

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the motion is timely; (2) the claims pled are extinguished; and (3) the person being substituted is a

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proper party.” Chalfant v. United of Omaha Life Ins. Co., No. 15-CV-03577-HSG, 2016 WL

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4539453, at *1 (N.D. Cal. Aug. 31, 2016) (quoting Veliz v. Cintas Corp., No. C 03-1180 RS, 2008

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WL 2811171, at *1 (N.D. Cal. July 17, 2008)). The substituted party then steps into the same

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position as the original party. Hilao v. Estate of Marcos, 103 F.3d 762, 766 (9th Cir. 1996). The

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Court finds that Plaintiffs’ Motion For Substitution of Deceased Plaintiffs has demonstrated that

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the requirements of Rule 25 are met here. Accordingly, the Court orders the following:

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1. Ralph Carlson, in his capacity as Trustee of the Beverly E. Carlson and Helen V.

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Carlson Joint Trust, is substituted for Helen Carlson, by and through her Guardian Ad Litem, Joan

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Carlson, as plaintiff.

2. Michele Lytle, in her capacity as Trustee of the Boris Family Revocable Trust, is

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substituted for Edward Boris, by and through his Guardian Ad Litem, Michele Lytle, as plaintiff.

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3. Loresia Vallette, in her capacity as representative of the Lawrence Quinlan Trust, is

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substituted for Lawrence Quinlan, by and through his Guardian Ad Litem, Loresia Vallette, as

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plaintiff.
4. The party names in the case caption and case docket shall be changed to reflect these

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substitutions.
II.

ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Pursuant to Northern District Civil Local Rules 79-5 and 7-11, the Court, having reviewed

the Administrative Motion to File Under Seal, the Memorandum of Points and Authorities, and the

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United States District Court
Northern District of California

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Administrative Declaration of Gay Crosthwait Grunfeld in support thereof, and good cause to seal

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having been shown, hereby issues the following order:

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It is hereby ORDERED that the Declaration of Gay Crosthwait Grunfeld in Support of

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Motion for Substitution of Deceased Plaintiffs (“Grunfeld Substitution Decl.”) and attached

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exhibits shall be filed in redacted form to remove any personal identifying information of the

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named Plaintiffs’ family members and any other information the disclosure of which could expose

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them to embarrassment or annoyance. Plaintiffs’ request to seal has been narrowly tailored to seek

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sealing of sealable information only. See N.D. Cal. Civ. L.R. 79-5(b).

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Plaintiffs have also e-filed and lodged an unredacted version of the Grunfeld Substitution

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Declaration, including exhibits, with the Clerk of the Court and served an electronic copy of all

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such documents on Defendants’ counsel.

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A.

Information To Be Redacted And Filed Under Seal

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Information
Identifying information of the deceased
Plaintiff, such as her social security number,
address, place of death, and cause of death.

Location
Grunfeld Substitution Declaration, Exhibit A –
Declaration of Ralph Carlson Pursuant to CCP
§ 377.32, Docket Number 124, filed April 1,
2019, attaching a certified copy of the death
certificate of Helen Carlson.
Grunfeld Substitution Declaration, Exhibit B Beverly E. Carlson and Helen V. Carlson Joint

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Identifying information of the named
Plaintiffs’ family members, such as their
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names, birthdates, addresses, real estate
owned, assets included in the trusts, amounts
allocated to survivors, and end of life health
care directives.
Taxpayer identification number for the trust.

Trust Agreement, dated December 26, 1995.

Grunfeld Substitution Declaration, Exhibit C –
Certification of the Beverly E. Carlson and
Helen V. Carlson Joint Trust Agreement
Grunfeld Substitution Declaration, Exhibit DDeclaration of Michele Lytle Pursuant to CCP
§ 377.32, Docket Number 119, filed March 20,
2019, attaching a certified copy of the death
certificate of Edward Boris.
Grunfeld Substitution Declaration, Exhibit E Boris Family Revocable Trust.

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Identifying information of the deceased
Plaintiff, such as his social security number,
address, place of death, and cause of death

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United States District Court
Northern District of California

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Identifying information of the named
Plaintiffs’ family members, such as their
names, birthdates, addresses, real estate
owned, assets included in the trusts, amounts
allocated to survivors, and end of life health
care directives.
Identifying information of the named
Plaintiffs’ family members, such as their
names, birthdates, addresses, real estate
owned, assets included in the trusts, amounts
allocated to survivors, and end of life health
care directives.
Identifying information of the deceased
Plaintiff, such as his social security number,
address, place of death, and cause of death

Grunfeld Substitution Declaration, Exhibit F Lawrence D. Quinlan Living Trust.

Grunfeld Substitution Declaration, Exhibit G Declaration of Loresia Vallette Pursuant to
CCP § 377.32, attaching a certified copy of the
death certificate of Lawrence Quinlan.

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IT IS SO ORDERED.
Dated: 6/2/2021
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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