Joksch

(PC) Elder v. Joksch

Good Law
United States District Court, Eastern District of CaliforniaSeptember 20, 20242:16-cv-01925California1,168 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 COREY JEROME ELDER, No. 2:16-CV-1925-DJC-DMC-P Plaintiff, v. ORDER JOKSCH, Defendant. 16 Plaintiff, a prisoner proceeding with limited purpose appointed counsel, brings this civil rights action under 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s renewed motion, ECF No. 100, for substitution of parties following the suggestion of death of Defendant Joksch. A hearing was held before the undersigned via Zoom on September 18, 2024. Plaintiff appeared through limited purpose appointed counsel Matthew Norris, Esq. Sarah Brattin, Esq., specially appeared for Defendant Joksch. Following discussions with counsel, the matter was submitted. Plaintiff seeks substitution under Federal Rule of Civil Procedure 25 of Ms. Banowetz in place of deceased Defendant Joksch. The parties do not dispute that Ms. Banowetz is Mr. Joksch's sister. She is the only known surviving relative. The parties agree…

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