United States District Court, N.D. California
January 21, 2004.
MARCO CONTRERAS, Plaintiff,
MUNICIPAL RAILWAY OF SAN FRANCISCO et al, Defendants
The opinion of the court was delivered by: VAUGHN WALKER, District Judge
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.
Accordingly, the court GRANTS defendants motion to dismiss (Doc # 7).
The clerk is DIRECTED to close the file and terminate all pending
IT IS SO ORDERED.
© 1992-2004 VersusLaw Inc.