Kernan

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ISAAC JESUS MEDINA ESPINOSA, Case No. 1:19-cv-00345-ADA-CDB (PC)

Plaintiff, FINDINGS AND RECOMMENDATION

TO DISMISS DEFENDANT A. VALENCIA

v. 10-DAY DEADLINE TIMOTHY TEGTMEYER, ET AL., (Doc. 73) Defendants. 16 On November 22, 2022, Defendants filed a Notice of Suggestion of Death of Defendant A. Valencia pursuant to Federal Rule of Civil Procedure 25(a). (Doc. 65). On December 13, 2022, Defendants filed a proof of service to A. Valencia’s next of kin. (Doc. 66). More than 90 days after the proof of service was filed, on March 14, 2023, Defendants filed a Motion to Dismiss A. Valencia. (Doc. 73). During a telephonic pre-settlement conference with the Court on March 27, 2023, counsel for Plaintiff represented that she did not intend to oppose the motion to dismiss, or substitute Defendant A. Valencia (Doc. 77), and the time to file any opposition has passed. In the case of a party’s death, pursuant to Rule 25(a)(1) of the Federal Rules of Civil…