Eble

Eble v. Nissan North America, Inc.

Good Law
United States District Court, Eastern District of CaliforniaMarch 6, 20242:22-cv-01701California380 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 James Eble, No. 2:22-cv-01701-KJM-JDP Plaintiff, ORDER v. Nissan of Yuba City, et al., 1S Defendants. 16 Plaintiff James Eble filed this action under the Fair Credit Reporting Act, 15 U.S.C. § 1681, ef seq. in September 2022. See Compl. A year later, plaintiff's counsel filed a notice 19 representing plaintiff tragically died on September 12, 2023. See Notice, ECF No. 38. 20 Plaintiffs counsel then filed a supplement informing the court decedent’s family was unlikely to raise an estate and decedent’s son, his sole heir and successor, would file a motion within thirty 22 days if he wished to seek leave to substitute as plaintiffs successor-in-interest. See Supplement, ECF No. 40. Under Federal Rule of Civil Procedure 25, when a party dies and the claim is not 25 extinguished, “[a] motion for substitution may be made by any party or by the decedent’s 26 …

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