Alcantara

(PC) Simmons v. Alcantara

Good Law
United States District Court, Eastern District of CaliforniaMay 25, 20222:19-cv-02492California636 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEREMIAH SIMMONS, No. 2:19-cv-2492 TLN KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS ALCANTARA, Defendant. 16 By order filed February 11, 2022, counsel for defendant was directed to provide formal notice of plaintiff’s death and serve notice on plaintiff’s representative or successor. Fed. R. Civ. P. 25(a). If defendant was unable to identify plaintiff’s successor or representative, defendant was directed to file a notice explaining the steps taken to locate the representative or successor. (ECF No. 41.) A suggestion of death upon the record pertaining to the death of plaintiff was filed on February 14, 2022. Plaintiff died on December 3, 2021. (ECF No. 42 at 1.) On March 10, 2022, counsel for defendant filed a declaration setting forth efforts to locate decedent’s next of kin. Despite skip tracing efforts performed by counsel’s legal analyst, counsel was unable to locate, with certainty, plaintiff’s next…

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