Allenby

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 RICHARD SCOTT KINDRED, Case No. 1:18-cv-00554-ADA-EPG (PC)

Plaintiff, ORDER DIRECTING DEFENSE COUNSEL

TO PROPERLY SERVE NOTICE OF DEATH

v. OR FILE BRIEF WITHIN TWENTY-ONE

DAYS

ALLENBY, et al., (ECF No. 111)

Defendants. ORDER VACATING SETTLEMENT

CONFERENCE

15 On October 31, 2022, defense counsel filed a “Notice of Death of Plaintiff Richard Scott Kindred,” which states that Richard Scott Kindred (“Plaintiff”) died on October 19, 2022. (ECF No. 111). “If a party dies and the claim is not extinguished, the court may order substitution of the proper party. 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). The party filing the notice of death (or “suggestion of death”) “must serve other…