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Joseph Marpel v. Saukhla

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 6, 2012

JOSEPH MARPEL, PLAINTIFF,
v.
SAUKHLA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

On March 28, 2012, defendants*fn1 filed a Notice of Plaintiff's Death, together with a copy of plaintiff's death certificate, and served a copy of the Notice and certificate on plaintiff's last address of record, the California Medical Facility. (See Dkt. No. 38.) Although the Notice states that "[d]efendants' counsel is not aware of any next of kin" (Dkt. No. 38 at 1), service of the Notice upon the record of this action commences the 90-day period for decedent's successor or representative to file a motion for substitution. See Fed. R. Civ. P. 25(a)(1).

Plaintiff's successor and/or representative is hereby informed that any motion for substitution must be filed with this court on or before June 26, 2012. If no motion for substitution is filed on or before June 26, 2012, this action will be dismissed.


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