Moreno
Moreno v. Castlerock Farming and Transport, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
MARIA G. MORENO, ) Case No.: 1:12-cv-0556 JLT CDB ) Plaintiff, ) ORDER GRANTING DEFENDANTS’ MOTION ) TO DISMISS v. ) ) (Doc. 120) CASTLEROCK FARMING AND ) TRANSPORT, INC., et al., ) ) Defendants. ) )
Defendants Albert L. Good and Castlerock Farming & Transport, Inc., filed a statement reporting the death of Plaintiff Florencia Gutierrez on March 2, 2023, indicated they were informed Ms. Gutierrez was “unavailable to be deposed because she is deceased.” (Doc. 105 at 2.) Defendants now seek dismissal of Ms. Gutierrez as a plaintiff pursuant to Rule 25(a) of the Federal Rules of Civil Procedure. (Doc. 120; see also Doc. 121.) Plaintiffs did not oppose the motion.1 Pursuant to Rule 25(a)(1) of the Federal Rules of Civil Procedure, the action may continue if a claim is not extinguished. “A motion for substitution may be made by any party or by the…