Kramer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID ALLEN, Case No. 1:15-cv-01609 DAD JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT PLAINTIFF’S MOTION TO

v. SUBSTITUTE DECEASED DEFENDANT

CLIFF ALLENBY BE DENIED

CLIFF ALLENBY, et al., ECF No. 97 Defendants.

OBJECTIONS DUE WITHIN 14 DAYS

16 Plaintiff moves to substitute another party for individual capacity and damages claims1 against the deceased defendant Cliff Allenby. ECF No. 97. Plaintiff has not identified any individual who would be appropriate for substitution. Nonetheless, as there is some authority to suggest that defendants bear that burden,2 the court ordered defendants to attempt to identify a representative. ECF No. 98. The court also ordered plaintiff to serve his motion on the appropriate person once identified. Id. Defendants have now informed the court that they have made a good faith effort to identify Cliff Allenby’s representative but have been unable to do so. ECF No.…