Ruddell

Ruddell v. Eli Lilly & Company

Good Law
United States District Court, Eastern District of CaliforniaOctober 11, 20192:14-cv-03004California616 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KATRYNA WOLFF, et al., No. 2:14-cv-03004-KJM-EFB Plaintiffs, v. ORDER ELI LILLY AND COMPANY, Defendant. 16 On December 13, 2018, the court ordered that, to determine the survival of this action and the potential substitution of a representative party, the parties must comply with Federal Rule of Civil Procedure 25 regarding the death of plaintiff Donald William Ruddell. ECF No. 71. Plaintiffs subsequently filed a suggestion of death on the record. See ECF No. 72. In its order at ECF No. 73, the court explained that this suggestion of death was insufficient to trigger the 90-day period provided by Rule 25(a)(1), because the party suggesting death must also “serve other parties and nonparty successors or representatives of the deceased with a suggestion of death in the same manner as required for service of the motion to substitute.” Id. at 12 (quoting Meyers v. Cty. of Los Angeles, No. CV 10-05225 DMG AJW, 2011 WL…

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