Avalos

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

GEORGE AVALOS, ) Case No.: 1:21-cv-00626 NONE JLT ) Plaintiff, ) ORDER AFTER SUGGESTION OF DEATH ) (Doc. 21) v. )

AUTOZONE #5335, et al., ) ) Defendants. ) ) 16 On July 29, 2021, Mr. Manning, counsel for the plaintiff, George Avalos, filed a notice of “Suggestion of Death Upon the Record.” (Doc. 21.) Mr. Manning indicates that Mr. Avalos died on July 22, 2021. (Id. at 2.) Rule 25(a)(1) of the Federal Rules of Civil Procedure allows the action to continue if a claim is not extinguished. “A motion for substitution may be made by any party or by the decedent's successor or representative. If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed.” Fed.R.Civ.P. 25(a)(1). If the requirements of Rule 25(a) (1) are met, “[t]he substituted party steps into the same position as [the] original party.” Hilao v. Estate of Marcos, 103 F.3d 762,…