Avalos
Avalos v. Southern Pacpizza, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
GEORGE AVALOS, Case No. 1:21-cv-00547-NONE-SAB
Plaintiff, ORDER REQUIRING STATEMENT OF
DEATH TO BE SERVED ON SUCCESSOR
v. OR REPRESENTATIVE
SOUTHERN PACPIZZA, LLC, et al., (ECF No. 14)
Defendants. TEN DAY DEADLINE
16 George Avalos (“Plaintiff”) filed this action on March 30, 2021. (ECF No. 1.) On July 29, 2021, counsel for Plaintiff filed a statement under Federal Rule of Civil Procedure 25(a)(1) suggesting the death of Plaintiff. (ECF No. 14.)1 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). The Ninth Circuit has held that there are two affirmative steps that trigger the running of the ninety-day period in Rule 25(a)(1). See Barlow v. Ground, 39 F.3d 231, 233 (9th Cir. 1994). First, a party must formally suggest the death of the party upon the record. Id. (citations…