Gamble v. Southern Desert Correctional et al

Filing 117

ORDER. IT IS ORDERED THAT plaintiffs counsel has until 7/5/2022, to file any appropriate substitution motion. Failure to do so may result in the dismissal of this case under Rule 25 without further prior notice. Signed by Judge Jennifer A. Dorsey on 4/13/2022. (Copies have been distributed pursuant to the NEF - KF)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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4 Clarence Gamble,
Plaintiff

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6 v.

Case No.: 2:15-cv-00619-JAD-VCF
Order Directing Substitution of Parties
by July 5, 2022

7 Southern Desert Correctional Center, et al.,
Defendants

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Plaintiff’s response to the pending motion for summary judgment states that Plaintiff

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11 Clarence Gamble has “passed away” and that “his estate was subsequently established by current
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12 counsel.” To date, however, plaintiff’s counsel has not moved to substitute in the estate as the

13 proper plaintiff. Federal Rule of Civil Procedure 25(a)(1) states that “[i]f a party dies and the
14 claim is not extinguished, the court may order substitution of the proper party. . . . If the motion
15 is not made within 90 days after service of a statement noting the death, the action by or against
16 the decedent must be dismissed.” Because Gamble’s death was noted in plaintiff’s April 6,
17 2022, filing, IT IS ORDERED THAT plaintiff’s counsel has until July 5, 2022, to file any
18 appropriate substitution motion. Failure to do so may result in the dismissal of this case under
19 Rule 25 without further prior notice.
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ECF No. 116 at 4.

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U.S. District Judge Jennifer A. Dorsey
April 13, 2022