Avalos

Avalos v. Fastrip Oil Company, L.P.

Good Law
United States District Court, Eastern District of CaliforniaAugust 6, 20211:21-cv-01034California500 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GEORGE AVALOS, Case No. 1:21-cv-01034-AWI-HBK Plaintiff, ORDER DIRECTING COUNSEL TO FILE

PROOF OF SERVICE OF SUGGESTION OF

v. DEATH

FASTRIP OIL COMPANY, L.P., TWENTY-ONE DAY DEADLINE Defendant. (Doc. No. 6) 16 Plaintiff’s counsel filed a Suggestion of Death Upon the Record Under Rule 25(a)(1), noting Plaintiff died on July 22, 2021. (Doc. No. 6, “Suggestion”). The Suggestion contains no certificate of service indicating that decedent’s successor-in-interest received notice. (Id.). Federal Rule of Civil Procedure 25 provides [i]f a party dies and the claim is not thereby extinguished, the court may order substitute of the proper parties. 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 death, the action by or against the…

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