Jackson National Life Insurance Company v. Lim ( 2024 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JACKSON NATIONAL LIFE INSURANCE CASE NO. 1:23-CV-00442-CDB COMPANY, 12 ORDER RE: SUGGESTION OF DEATH AND Plaintiff, DIRECTING PARTIES TO MAKE 13 SUPPLEMENTAL FILING v. 14 (Doc. 17) BI BI LIM, et al., 15 Defendants. 16 17 18 On June 16, 2023, counsel for Plaintiff Jackson National Life Insurance Company (“Plaintiff”) 19 filed a suggestion of death upon the record as to Defendant Winston Lim (“Decedent”) “in accordance 20 with Fed. R. Civ. P. 25(a)(1).” (Doc. 17).1 Plaintiff attached an obituary of Decedent noting he passed 21 away on April 23, 2023. (Doc. 17-1). Federal Rule of Civil Procedure 25(a)(1) provides: 22 If a party dies and the claim is not extinguished, the court may order substitution of the proper 23 party. A motion for substitution may be made by any party or by the decedent's successor or 24 representative. If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed. 25 26 27 1 On September 28, 2023, the parties consented to the jurisdiction of the United States Magistrate Judge and the action has been reassigned to Magistrate Judge Christopher D. Baker for all purposes 28 pursuant to 28 U.S.C. § 636(c)(1). (Docs. 25, 28-30). 1 The Ninth Circuit has held that there are two affirmative steps that trigger the running of the 2 || ninety-day period pursuant to Rule 25(a)(1). See Barlow v. Ground, 39 F.3d 231, 233 (9th Cir. 1994). 3 || First a party must formally suggest the death of the party upon the record. /d. (citation omitted). 4 || Second, the suggestion of death must be served on parties in accordance with Rule 5 and served on non- 5 || parties in accordance with Rule 4. /d. (citation omitted); Fed. R. Civ. P. 25(a). 6 The record demonstrates Plaintiff has satisfied the first step of Rule 25’s two-step process. (Doc. 7 \| 17). However, it is unclear whether the suggestion of death was served on the parties and non-parties in 8 || accordance with the applicable rules and that Rule 25(a)(1)’s ninety-day period was triggered.” In the 9 || interest of justice, the Court will set a deadline for Plaintiff to comply with the notice requirement. 10 Accordingly, it is HEREBY ORDERED, within 30 days of the date of entry of this Order, the 11 || parties SHALL FILE any notice of suggestion of Defendant Winston Lim’s death with the proper 12 || service of notice. 13 || IT IS SO ORDERED. Dated: February 21, 2024 | br 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 aT > The Court is mindful that when the suggestion of death was filed, Plaintiff had been 28 || unsuccessful in serving several of the defendants. (Docs. 16-17).