McDow
McDow v. Harris
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10
11 KENNEDY McDOW and LILY McDOW, ) Case No.: 1:21-cv-00119-ADA-SKO ) 12 Plaintiffs, ) ORDER DISMISSING PLAINTIFF LILY McDOW ) 13 v. )
) 14 BETTY HARRIS, et al., )
15 Defendants. ) ) 16 )
17 On August 9, 2022, Defendants Betty Harris, Elnora Holloway, and Rychele Works filed a 18 “Motion to Dismiss Due to the Death of Lily McDow.” (Doc. 38.) The motion attaches a certificate of 19 death of Plaintiff Lily McDow, indicating she died on July 12, 2022. (Id. at 8.) The Court ordered 20 “[a]ny motion to substitute a party for Plaintiff Lily McDow SHALL be filed no later than November 21 7, 2022,” pursuant to Rule 25(a)(1) of the Federal Rules of Civil Procedure. (Doc. 48 at 2, emphasis 22 omitted.) To date, no motion for substitution has been filed and the time to do so has passed. 23 Pursuant to Rule 25(a)(1) of the Federal Rules of Civil Procedure, the action may continue if a 24 claim is not extinguished, and “[a] motion for substitution…