Franklin
Franklin v. McDonough
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 DAVID M. FRANKLIN, Case No. 21-cv-06328-VKD
Plaintiff, ORDER VACATING DISMISSAL AND
SETTING DEADLINES RE NOTICE
v. OF APPARENT DEATH OF
PLAINTIFF
DENIS MCDONOUGH, Re: Dkt. No. 45 Defendant.
13 On June 21, 2022, following a hearing on the Court’s June 7, 2022 order to show cause, the Court dismissed this action without prejudice due to plaintiff David M. Franklin’s failure to prosecute this matter. Dkt. Nos. 40, 42, 43. On June 22, 2022, defendant filed a “Notice of Apparent Death of Plaintiff,” stating that after the dismissal of this action, defendant learned through an internet search that Mr. Franklin likely passed away on February 27, 2022. Dkt. No. 45. Mr. Franklin represented himself in this action, and it is unclear who, if anyone, may be his successor or the representative of his estate. Defendant says that Mr. Franklin’s Veterans Affairs personnel record lists his…