I. H., a minor v. State of CA

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO HURTADO, No. 2:19-cv-02343-DAD-AC Plaintiff, v. ORDER GRANTING PLAINTIFF’S MOTION

FOR SUBSTITUTION

STATE OF CALIFORNIA, et al., (Doc. No. 174) Defendants.

16 This matter is before the court on plaintiff’s motion to substitute plaintiff’s minor children I.H., E.H., F.H., and A.H., through their mother and guardian Priscilla Macias, as successors in interest to plaintiff in this action pursuant to Rule 25 of the Federal Rules of Civil Procedure, in light of plaintiff’s recent death on June 28, 2024. (Doc. No. 174.) “In deciding a motion to substitute under Rule 25(a)(1), the court must consider whether: (1) the motion is timely, (2) the claims pled are extinguished, and (3) the person being substituted is a proper party. If the requirements of Rule 25(a) (1) are met, ‘[t]he substituted party steps into the same position as [the] original party.’” Maseda v. Saul, No. 1:20-cv-01657-JLT, 2021 WL 2268871, at *1…