Bueing v. U.S. Bank National Association ND et al

Filing 41

ORDER granting Sandra L. Bueing's 36 Motion to Substitute Pursuant to FRCP 25(a)(1). Sandra L. Bueing, Personal Representative of the Estate of Angela J. Bueing, is substituted as Plaintiff in place of the decedent Angela J. Bueing. Signed by Judge Richard A. Jones. (TH)

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THE HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ANGELA BUEING f.k.a. ANGELA
PAULETTE

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Plaintiff,

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vs.

Case No.: 2:18-cv-00054-RAJ

[PROPOSED] ORDER GRANTING
MOTION TO SUBSTITUTE
PURSUANT TO FRCP 25(a)(1)

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U.S. BANK NATIONAL ASSOCIATION
ND a national banking association, U.S.
BANK NATIONAL ASSOCIATION a
national banking association, and QUALITY
LOAN SERVICE CORPORATION OF
WASHINGTON solely as a nominal party
and Trustee under RCW 61.24.130 et seq.
Defendants.

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This matter comes before the Court pursuant to the Motion to Substitute
Pursuant to FRCP 25(a)(1), filed by Sandra L. Bueing, Personal Representative of the
Estate of Angela J. Bueing. Dkt. # 36. Defendants have not filed an opposition. After

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reviewing Plaintiff’s Motion and the remaining record, the Court finds that:
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[Proposed] Order Granting
Motion to Substitute Pursuant to FRCP 25(a)(1) - 1
Case No.: 2:18-cv-00054-RAJ

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1.

Plaintiff Angela J. Bueing (“Decedent”) died on January 22, 2018.

2.

Decedent’s claims against Defendants survive Decedent’s death. RCW

4.20.046; Wheeler v. City of Santa Clara, 894 F.3d 1046, 1057 (9th Cir. 2018).
3.

Sandra L. Bueing was appointed personal representative of Decedent’s

estate and is an appropriate representative to be substituted for Decedent.
4.

It is appropriate under FRCP 25(a)(1) to substitute Sandra L. Bueing in

place of Decedent as Plaintiff in this lawsuit.
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IT IS HEREBY ORDERED:
1.

The Motion to Substitute Pursuant to FRCP 25(a)(1) is granted.

2.

Sandra L. Bueing, Personal Representative of the Estate of Angela J.

Bueing, is substituted as Plaintiff in place of the decedent Angela J. Bueing.
3.

All further pleadings in this action shall contain a caption identifying

Sandra L. Bueing as the representative plaintiff in place of decedent Plaintiff Angela J.
Bueing.
SO ORDERED this 19th day of November, 2018.

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A

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The Honorable Richard A. Jones
United States District Judge

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[Proposed] Order Granting
Motion to Substitute Pursuant to FRCP 25(a)(1) - 2
Case No.: 2:18-cv-00054-RAJ