Geico Casualty Company v. Schneider et al

Filing 39

ORDER Granting 35 Motion for Substitution of Party. Signed by Magistrate Judge Cam Ferenbach on 12/21/2017. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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GEICO CASUALTY COMPANY,
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Plaintiff,
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vs.
PAUL SCHNEIDER, et al.,

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2:17-cv-00961-APG-VCF
ORDER

Defendants.

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Before the Court is Defendant Kimberly Schneider’s Motion for Substitution of Party (ECF No.

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35).

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Under Fed. R. Civ. P. 25(a)(1), “[i]f a party dies and the claim is not extinguished, the court may

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order substitution of the proper party.” “It is plain…that Rule 25(a)(1) applies only to the substitution of

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legal representatives.” Mallonee v. Fahey, 200 F.2d 918, 919 (9th Cir. 1952).

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Kimberly Schneider stated that she is the wife/widow of the deceased; thus, she has shown that
she is the proper legal party to substitute in this case in the place of Defendant Paul Schneider.

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Accordingly, and for good cause shown,

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IT IS HEREBY ORDERED that Defendant Kimberly Schneider’s Motion for Substitution of Party

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(ECF No. 35) is GRANTED.
DATED this 21st day of December, 2017.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE