Tribe v. Inyo County, 1:15-cv-00367 DAD JLT. (2018)
Court: District Court, E.D. California
Number: infdco20181024h96
Visitors: 9
Filed: Oct. 23, 2018
Latest Update: Oct. 23, 2018
Summary: REQUEST FOR ORDER OF SUBSTITUTION UNDER FED. R.CIV.P 25(d); [PROPOSED] ORDER JENNIFER L. THURSTON , Magistrate Judge . Defendants, by and through the undersigned counsel, request an order of substitution to name Jeff Hollowell as a named party instead of William Lutze, pursuant to Rule 25(d) of the Federal Rules of Civil Procedure. When this declaratory/injunctive relief case was initiated, William Lutze was the duly-elected Sheriff of Inyo County, and was named as a party. Since Jul
Summary: REQUEST FOR ORDER OF SUBSTITUTION UNDER FED. R.CIV.P 25(d); [PROPOSED] ORDER JENNIFER L. THURSTON , Magistrate Judge . Defendants, by and through the undersigned counsel, request an order of substitution to name Jeff Hollowell as a named party instead of William Lutze, pursuant to Rule 25(d) of the Federal Rules of Civil Procedure. When this declaratory/injunctive relief case was initiated, William Lutze was the duly-elected Sheriff of Inyo County, and was named as a party. Since July..
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REQUEST FOR ORDER OF SUBSTITUTION UNDER FED. R.CIV.P 25(d); [PROPOSED] ORDER
JENNIFER L. THURSTON, Magistrate Judge.
Defendants, by and through the undersigned counsel, request an order of substitution to name Jeff Hollowell as a named party instead of William Lutze, pursuant to Rule 25(d) of the Federal Rules of Civil Procedure.
When this declaratory/injunctive relief case was initiated, William Lutze was the duly-elected Sheriff of Inyo County, and was named as a party. Since July 12, 2018, Jeff Hollowell has been the duly-elected Sheriff of Inyo County, and has remained in that position. Accordingly, William Lutze is no longer the duly-elected sheriff of Inyo County. By operation of Rule 25(d) of the Federal Rules of Civil Procedure, Jeff Hollowell is automatically substituted as a party. "When a public officer is a party to an action in an official capacity and during his pendency dies, resigns or otherwise ceases to hold office, the action does not abate and the officer's successor is automatically substituted as a party."
Accordingly, the Court should order the substitution.
[PROPOSED] ORDER
The Court ORDERS that Jeff Hollowell is substituted for William Lutze. The Clerk of the Court is DIRECTED to terminate William Lutze as a defendant in this action.
IT IS SO ORDERED.
Source: Leagle
