Anderson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRUCE ANDERSON, et al., Case No. 15-cv-05120-HSG

Plaintiffs, ORDER GRANTING MOTION TO

DISMISS DECEASED PLAINTIFF

v. Re: Dkt. No. 79 DIANA DOOLEY, et al., Defendants.

12 Pending before the Court is the motion filed by Defendant Mark Ghaly’s (“Defendant”), in his official capacity as Secretary of the California Health and Human Services Agency, to dismiss deceased plaintiff John Wilson (“Wilson”) pursuant to Federal Rule of Civil Procedure 25(a)(1), (“Motion,” Dkt. No. 79), for which briefing is complete. Dkt. No. 85 (“Opp.”); Dkt. No. 86 (“Reply”). For the reasons set forth below, the Court GRANTS the Motion. I. BACKGROUND1 On September 27, 2019, Plaintiffs Bruce Anderson, Robert Austin, John Wilson (“Wilson”), and California Advocates for Nursing Home Reform (“CANHR,” and collectively, “Plaintiffs”) filed their First Amended Complaint. Dkt. No. 35 (“FAC”). The FAC alleged that Wilson “passed away while this case was on appeal”…