Pamplin v. Baker et al

Filing 144

ORDER TO SUBSTITUTE. Motion for Substitution due by 11/16/2023. If a motion for substitution by the decedent's successor or representative is not filed on or before Thursday, November 16, 2023, Defendant Gregory Martin must be dismissed from this action. Signed by Magistrate Judge Carla Baldwin on 8/18/2023. (Copies have been distributed pursuant to the NEF - DLS)

Case 3:16-cv-00745-MMD-CLB Document 144 Filed 08/18/23 Page 1 of 1

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOHN DAVID PAMPLIN,

Case No. 3:16-CV-00745-MMD-CLB

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Plaintiff,
v.

ORDER TO SUBSTITUTE
[ECF No. 143]

WARDEN BAKER, et al.,

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Defendants.

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Defendants entered a suggestion of death on the record as to Defendant Gregory

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Martin. (ECF No. 143). Pursuant to Federal Rule of Civil Procedure 25(a)(1), “[i]f a party

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dies and the claim is not extinguished, the court may order substitution of the proper party.

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A motion for substitution may be made by any party or by the decedent’s successor or

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representative. If the motion is not made within 90 days after service of a statement noting

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the death, the action by or against the decedent must be dismissed.” Fed. R. Civ. P.

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25(a)(1). Therefore, if a motion for substitution by the decedent’s successor or
representative is not filed on or before Thursday, November 16, 2023, Defendant
Gregory Martin must be dismissed from this action.
IT IS SO ORDERED.
August 18, 2023
DATED: ______________.

UNITED STATES MAGISTRATE JUDGE