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Toni Elizabeth Justman v. County of Kern and Anthony Michael Lavis

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


February 26, 2013

TONI ELIZABETH JUSTMAN,
PLAINTIFF,
v.
COUNTY OF KERN AND ANTHONY MICHAEL LAVIS,
DEFENDANTS

ORDER CLOSING CASE FOLLOWING JANUARY 7, 2013 HEARING

On September 13, 2012, the Court received a statement of noting death as to Plaintiff Toni Justman in November 2011. See Doc. No. 17. Subsequently, Justman's attorney indicated that he would not be representing either Justman's estate or a substitute plaintiff. See Doc. No.

20. Justman's attorney suggested that the Court wait 90 days, per the period of time mandated by Rule 25, before dismissing the case. See id. The Court issued a minute order that set a hearing for a motion to dismiss on January 7, 2013. See Doc. No. 21.

On January 7, 2013, no responses were filed with respect to Plaintiff and no party appeared at the hearing. See Doc. No. 23. The day before, the Defendants requested that the Court dismiss the case under Rule 25 for failing to prosecute. See Doc. No. 22. At the hearing, the Court essentially granted Defendants' requested dismissal and indicated that an order would be forthcoming. This order memorializes the Court's ruling of January 7, 2013.

Consistent with the above, IT IS HEREBY ORDERED that this case is DISMISSED WITHOUT PREJUDICE and the Clerk shall CLOSE the matter.

IT IS SO ORDERED.

SENIOR DISTRICT JUDGE

20130226

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