Avila

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JESSE JAMES PELLERITI, No. 2:19-cv-1853 TLN AC P Plaintiff, v. ORDER DANA AVILA, et al., Defendants. 16 Before the court is plaintiff’s motion to replace deceased defendant Elvira Longoria with the California Department of Corrections and Rehabilitation (“CDCR”). ECF Nos. 55. The motion has been fully briefed. See ECF Nos. 55-57. For the reasons explained below, the court will vacate its previous order (ECF No. 54) directing plaintiff to identify Longoria’s successor in interest and move to substitute that successor or legal representative. Accordingly, the instant motion, which was filed in response to that order, will be stricken. Pursuant to Gilmore v. Lockhard, 936 F.3d 857 (9th Cir. 2019), counsel for defendants will be ordered to file and serve an amended notice of death that identifies Longoria’s successor and/or is served on her estate through its legal representative. In Gilmore, the Ninth Circuit held…