Brown

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JEFFREY BROWN, Case No. 1:18-cv-01541-NONE-SAB

Plaintiff, ORDER ADVISING DEFENDANTS OF

REQUIREMENT TO FILE PROOF OF

v. SERVICE OF SUGGESTION OF DEATH

OF PLAINTIFF IN ORDER TO TRIGGER

COUNTY OF MARIPOSA, et al., NINETY-DAY PERIOD

Defendants. (ECF No. 49)

Jeffrey Brown (“Plaintiff”) filed this action on November 7, 2018. (ECF No. 1.) On January 21, 2021, Defendants filed a statement suggesting the death of Plaintiff. (ECF No. 49.) Rule 25(a)(1) provides for the dismissal of a party or an action if a motion for substitution is not made within ninety days after service of a statement noting the party’s death. Fed. R. Civ. P. 25(a)(1). In order for the ninety-day period for substitution to be triggered, a party must formally suggest the death of the party upon the record, Fed. R. Civ. P. 25(a)(1), and must serve other parties and nonparty successors or representatives of the deceased with a suggestion of death in the same manner…