Allenby

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

9 RICHARD SCOTT KINDRED, Case No. 1:18-cv-00554-ADA-EPG (PC) 10 Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION BE v. DISMISSED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 25(A)(1) ALLENBY, et al., (ECF Nos. 111, 113, 114, & 118) Defendants. OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS

15 16 On October 31, 2022, defense counsel (“Counsel”) filed a “Notice of Death of Plaintiff Richard Scott Kindred,” which states that Plaintiff died during the pendency of this action. (ECF No. 111). On February 8, 2023, Counsel filed a declaration, detailing her attempts to serve the Notice of Death on the executor of Plaintiff’s estate. (ECF No. 118). The declaration also includes proofs of service. (Id.). “If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. A motion for substitution may be made by any party or by 24 …