Eble

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 James Eble, No. 2:22-cv-01701-KJM-JDP 12 Plaintiff, ORDER 13 v. 14 Nissan of Yuba City, et al., 1S Defendants. 16 17 Plaintiff James Eble filed this action under the Fair Credit Reporting Act, 15 U.S.C. 18 | § 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 21 | 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, 23 | ECF No. 40. 24 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 | …