Opinion
2:16-cv-01925-TLN DMC (PC)
01-26-2023
COREY JEROME ELDER, Plaintiff, v. SILVA, et al., Defendant.
ORDER
Troy L. Nunley, United States District Judge.
Good cause appearing, Defendant's Ex Parte Application to Vacate the Pretrial Schedule and Trial and Temporarily Stay This Matter Pending the Substitution of a Party Pursuant to FRCP (25)(a)(1) is GRANTED.
Plaintiff has 90 days from the service of the Notice of Death to file a motion for substitution. See Fed.R.Civ.P. 25(a)(1). Accordingly, any motion for substitution must be filed by Wednesday, April 12, 2023. Failure to file a motion for substitution will result in the dismissal of the action against the decedent. Id.
If a proper party is timely substituted, then the stay should be lifted at that time and trial will be placed back on calendar.
IT IS SO ORDERED.