Opinion
No. C 99-02506 SI.
August 2, 2005
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND VACATING THE AUGUST 5, 2005 HEARING DATE
The Court finds this motion suitable for resolution under Civil L.R. 7-1(b). On March 31, 2005, defendants filed a statement of fact of death for plaintiffs Olorunwa Daniel Irowarinum and Joseph Sunday Irowarinum. See Docket # 547. On June 30, 2005, defendants filed a motion to dismiss these plaintiffs. Plaintiffs have not filed an opposition or responded in any way to defendants' motion.
Under Federal Rule of Civil Procedure 25(a)(1), a motion must be made within 90 days of a statement of the fact of death. If a motion is not brought before the court, then the "action shall be dismissed as to the deceased party." Id. Plaintiffs have not brought a motion for substitution of the deceased plaintiffs. Therefore, the Court GRANTS defendants' motion to dismiss with prejudice with respect to plaintiffs Olorunwa Daniel Irowarinum and Joseph Sunday Irowarinum and VACATES the August 5, 2005 hearing date.
IT IS SO ORDERED.