Filed: Nov. 19, 2018
Latest Update: Nov. 19, 2018
Summary: [PROPOSED] ORDER GRANTING MOTION TO SUBSTITUTE PURSUANT TO FRCP 25(a)(1) RICHARD A. JONES , District Judge . This matter comes before the Court pursuant to the Motion to Substitute Pursuant to FRCP 25(a)(1), filed by Sandra L. Bueing, Personal Representative of the Estate of Angela J. Bueing. Dkt. # 36. Defendants have not filed an opposition. After reviewing Plaintiff's Motion and the remaining record, the Court finds that: 1. Plaintiff Angela J. Bueing ("Decedent") died on January 22,
Summary: [PROPOSED] ORDER GRANTING MOTION TO SUBSTITUTE PURSUANT TO FRCP 25(a)(1) RICHARD A. JONES , District Judge . This matter comes before the Court pursuant to the Motion to Substitute Pursuant to FRCP 25(a)(1), filed by Sandra L. Bueing, Personal Representative of the Estate of Angela J. Bueing. Dkt. # 36. Defendants have not filed an opposition. After reviewing Plaintiff's Motion and the remaining record, the Court finds that: 1. Plaintiff Angela J. Bueing ("Decedent") died on January 22, ..
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[PROPOSED] ORDER GRANTING MOTION TO SUBSTITUTE PURSUANT TO FRCP 25(a)(1)
RICHARD A. JONES, District Judge.
This matter comes before the Court pursuant to the Motion to Substitute Pursuant to FRCP 25(a)(1), filed by Sandra L. Bueing, Personal Representative of the Estate of Angela J. Bueing. Dkt. # 36. Defendants have not filed an opposition. After reviewing Plaintiff's Motion and the remaining record, the Court finds that:
1. Plaintiff Angela J. Bueing ("Decedent") died on January 22, 2018.
2. Decedent's claims against Defendants survive Decedent's death. RCW 4.20.046; Wheeler v. City of Santa Clara, 894 F.3d 1046, 1057 (9th Cir. 2018).
3. Sandra L. Bueing was appointed personal representative of Decedent's estate and is an appropriate representative to be substituted for Decedent.
4. It is appropriate under FRCP 25(a)(1) to substitute Sandra L. Bueing in place of Decedent as Plaintiff in this lawsuit.
IT IS HEREBY ORDERED:
1. The Motion to Substitute Pursuant to FRCP 25(a)(1) is granted.
2. Sandra L. Bueing, Personal Representative of the Estate of Angela J. Bueing, is substituted as Plaintiff in place of the decedent Angela J. Bueing.
3. All further pleadings in this action shall contain a caption identifying Sandra L. Bueing as the representative plaintiff in place of decedent Plaintiff Angela J. Bueing.
SO ORDERED.
