Elkins

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

7 8 THE ESTATE OF CECIL ELKINS JR. et Case No. 1:13-CV-01483-AWI-SAB al. , [PROPOSED] STIPULATED ORDER Plaintiffs, DISMISSING THE CLAIMS OF CECIL ELKINS, SR., WITH PREJUDICE v. 12 OFF. H. PELAYO, Defendant. 15 Plaintiff Cecil Elkins, Sr., passed away on November 17, 2018. Since that date, no party or entity has successfully substituted in as a representative of Cecil Elkins Sr.’s claims in this action. The remaining plaintiffs and defendant have agreed to a settlement in principle with regard to the claims of former plaintiff Cecil Elkins Sr.: dismissal of Cecil Elkins Sr.’s claims in this action in exchange for defendant waiving the right to seek costs from the Estate of Cecil Elkins Sr. However, any property interest that might exist in Cecil Elkins Sr.’s claims is now subject to the jurisdiction of a state court probate proceeding which will continue for an indeterminate period of time. Defendant is concerned that unknown third…