Elkins

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 THE ESTATE OF CECIL ELKINS, JR., CASE NO. 1:13-CV-1483 AWI SAB et al., 11 Plaintiffs ORDER REGARDING STANDING OF CERTAIN PLAINTIFFS v.

HIPOLITO PELAYO,

14 Defendant

17 This is a civil rights lawsuit that stems from a fatal encounter between decedent Cecil 18 Elkins, Jr. (“Elkins”) and Defendant California Highway Patrol Officer Hipolito Pelayo 19 (“Defendant”). Plaintiffs, who are the estate of Elkins and Elkins’ family, seek damages under 20 federal and state law arising out of the death of Elkins. Currently pending before the Court is 21 inter alia a dispute as to the standing of Plaintiffs Tina Terrell (“Terrell”), Valiecia Perez 22 (“Valiecia”), and Dylan Elkins (“Dylan”) to pursue state law wrongful death claims. Pursuant to 23 a pre-trial order and a revised briefing schedule, the parties have now fully briefed the issue. This 24 order addresses the standing of Terrell, Valiecia, and Dylan. 25 26 1 The parties are familiar with the facts of this case. A thorough recitation of the underlying…