Eason

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 NICHOLAS PHILLIPS, 2:24-cv-2295 DJC CSK P 13 Plaintiff, 14 v. ORDER 15

16 OFFICER B. EASON, 17 Defendant. 18 19 Plaintiff is a former state prisoner proceeding pro se. On August 29, 2025, counsel for 20 defendant filed a motion to stay this case in light of defendant’s death. (ECF No. 31.) As 21 discussed below, defendant’s motion to stay is denied without prejudice, defendant is directed to 22 file a proof of service, and the pretrial motions deadline is vacated. 23 I. GOVERNING RULES 24 When a party dies during the pendency of an action, Rule 25 of the Federal Rules of Civil 25 Procedure addresses the substitution of parties. Fed. R. Civ. P. 25. Rule 25 provides that “[i]f a 26 party dies, and the claim is not extinguished, the court may order substitution of a proper party.” 27 Fed. R. Civ. P. 25(a). Under California law, which federal courts apply in determining survival 28 of a claim under 42 U.S.C. § 1983, a cause of action against a person is generally…