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CONTRERAS v. MUNICIPAL RAILWAY OF SAN FRANCISCO

United States District Court, N.D. California


January 21, 2004.

MARCO CONTRERAS, Plaintiff,
v.
MUNICIPAL RAILWAY OF SAN FRANCISCO et al, Defendants

The opinion of the court was delivered by: VAUGHN WALKER, District Judge

ORDER

Under FRCP 25(a)(1), the court may substitute a party on behalf of a party who dies. "Unless the motion for substitution is made not later than 90 days after the death is suggested upon the record * * *, the action shall be dismissed as to the deceased party." Id.

Defendants present the court with plaintiff's death certificate. See Certificate of Death (Doc # 7, Exh A). Plaintiff died September 24, 2003. Id. Because greater than 90 days have passed since plaintiff's death, the time to file a motion for substitution has expired. Page 2

  Accordingly, the court GRANTS defendants motion to dismiss (Doc # 7). The clerk is DIRECTED to close the file and terminate all pending motions.

  IT IS SO ORDERED.

20040121

© 1992-2004 VersusLaw Inc.



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