Mohyuddin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANK GREEN, No. 2:23-cv-1066 KJN P Plaintiff, v. ORDER DR. MOHYUDDIN, Defendant. 16 On November 29, 2023, defendant filed notice of plaintiff’s death. (ECF No. 17.) For the reasons stated herein, defendant is directed to file an amended notice of death. Federal Rule of Civil Procedure 25 establishes the procedure for moving forward with litigation after a party to a civil action has died. It provides that “[i]f a party dies and the claim is not extinguished, the court may order substitution of a proper party.” Fed. R. Civ. P. 25(a). Under Rule 25(a)(1), a party must formally suggest the death of the party upon the record and serve the nonparty representatives of the deceased party with the suggestion of death in the manner provided in Federal Rule of Civil Procedure 4 for the service of a summons. Barlow v. Ground, 39 F.3d 231, 233 (9th Cir. 1994). If the decedent’s successor or representative do not…