Brown v. Sonoma County Land Company, 17-cv-00913-RMI (2019)
Court: District Court, N.D. California
Number: infdco20190816a47
Visitors: 21
Filed: Aug. 15, 2019
Latest Update: Aug. 15, 2019
Summary: ORDER ROBERT M. ILLMAN , Magistrate Judge . On July 1, 2019, Plaintiff filed a Motion to Substitute Penny Cutting for Plaintiff Jeanette Brown (the "Motion") based on Ms. Brown's death approximately three weeks earlier. (dkts. 60-63). The Motion noticed a hearing for August 13, 2019 at 10:00 a.m. before the undersigned. Id. However, Plaintiff's counsel did not appear at the hearing. The court has questions regarding the Motion, including which claims survive Ms. Brown's death. See Barria
Summary: ORDER ROBERT M. ILLMAN , Magistrate Judge . On July 1, 2019, Plaintiff filed a Motion to Substitute Penny Cutting for Plaintiff Jeanette Brown (the "Motion") based on Ms. Brown's death approximately three weeks earlier. (dkts. 60-63). The Motion noticed a hearing for August 13, 2019 at 10:00 a.m. before the undersigned. Id. However, Plaintiff's counsel did not appear at the hearing. The court has questions regarding the Motion, including which claims survive Ms. Brown's death. See Barria ..
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ORDER
ROBERT M. ILLMAN, Magistrate Judge.
On July 1, 2019, Plaintiff filed a Motion to Substitute Penny Cutting for Plaintiff Jeanette Brown (the "Motion") based on Ms. Brown's death approximately three weeks earlier. (dkts. 60-63). The Motion noticed a hearing for August 13, 2019 at 10:00 a.m. before the undersigned. Id. However, Plaintiff's counsel did not appear at the hearing. The court has questions regarding the Motion, including which claims survive Ms. Brown's death. See Barria v. Yu, No. 08-CV-0908 BEN (CAB), 2010 WL 2653322, at *1-2 (S.D. Cal. July 1, 2010). In addition, at the hearing, counsel for Defendant Read Investments, LLC raised questions regarding whether Ms. Cutting is the "proper party" for substitution. Furthermore, Read Investments filed notices of death for Ms. Brown and Plaintiff Norma Lowe on July 17, 2019. See Brown v. Sonoma Cty. Land Co., No. 18-cv-02699-RMI (N.D. Cal. 2018) (dkts. 42 & 43). Accordingly, the parties are hereby ordered to meet and confer regarding the status of Plaintiffs and are directed to file a joint statement and/or proposed order regarding substitution of all deceased Plaintiffs no later than September 15, 2019. In addition, the parties must include a list of three proposed dates for mediation.
IT IS SO ORDERED.
Source: Leagle
