Eidler

Eidler v. Brookdale Senior Living, Inc.

Good Law
United States District Court, Northern District of CaliforniaJune 2, 20214:17-cv-03962California898 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STACIA STINER, et al., Case No. 17-cv-03962-HSG

Plaintiffs, ORDER GRANTING MOTION FOR

SUBSTITUTION OF DECEASED

v. PLAINTIFFS AND ADMINISTRATIVE

MOTION TO FILE UNDER SEAL

BROOKDALE SENIOR LIVING, INC., et al., Re: Dkt. Nos. 253, 254 11 Defendants. 12 Pending before the Court are Plaintiffs’ motion for substitution of deceased plaintiffs and administrative motion to file under seal. Dkt. Nos. 253, 254. On June 1, 2021, Defendants filed a statement of non-opposition to the motion for substitution. Dkt. No. 259. Having considered the parties’ positions and for the following reasons, the Court GRANTS both motions. I. MOTION FOR SUBSTITUTION OF DECEASED PLAINTIFFS “In deciding a motion to substitute under Rule 25(a)(1), a court must consider whether: (1) the motion is timely; (2) the claims pled are extinguished; and (3) the person being substituted is a proper party.” Chalfant v. United of Omaha Life Ins.…

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