McDow

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KENNEDY McDOW and LILY McDOW, Case No. 1:21-cv-00119-ADA-SKO 11 Plaintiffs, ORDER AFTER NOTICE OF DEATH 12 v. (Doc. 38)

14 BETTY HARRIS, et al., 15 Defendants. _____________________________________/

On August 9, 2022, Defendants Betty Harris, Elnora Holloway, and Rychele Works filed a “Motion to Dismiss Due to the Death of Lily McDow.” (Doc. 38.) The motion attaches a certificate of death of Plaintiff Lily McDow, indicating she died on July 12, 2022. (Doc. 38 at 8.) Pursuant to Rule 25(a)(1) of the Federal Rules of Civil Procedure, the action may 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]…