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Lopes-Salas v. Parson

United States District Court, D. Hawaii

December 30, 2019

Carlos Lopes-Salas, Jr., Plaintiff,
v.
Tyler Parson; John Does 1-10; City and County of Honolulu; Jane Does 1-10; Doe Partnerships 1-10; Doe Entities 1-10; and Doe Governmental Units 1-10, Defendants.

          ORDER GRANTING JOSEPHINE SALAS'S REQUEST FOR LEAVE TO FILE A MOTION TO SUBSTITUTE AS PLAINTIFF (ECF NO. 33)

          Helen Gillmor, United States District Judge.

         Carlos Lopes-Salas, Jr. filed a Complaint alleging both federal and state rights were violated by Honolulu Police Department Officer Tyler Parson and the City and County of Honolulu.

         Mr. Lopes-Salas, Jr. subsequently died.

         Josephine Salas, Mr. Lopes-Salas, Jr.'s mother and personal representative, seeks to substitute herself as Plaintiff in this action.

         Defendants seek dismissal of the Complaint based on Ms. Salas's failure to move to substitute within the 90-day time limit delineated in Federal Rule of Civil Procedure 25(a).

         Ms. Salas is GRANTED leave to move to serve as substitute Plaintiff. (ECF No. 33).

         PROCEDURAL HISTORY

         On March 21, 2018, Carlos Lopes-Salas, Jr. filed the Complaint. (ECF No. 1).

         On June 27, 2018, Defendants filed their Answer. (ECF No. 11).

         On January 29, 2019, Counsel for Decedent informed the Court that Mr. Lopes-Salas died on July 30, 2018. (ECF No 20).

         On January 30, 2019, the Magistrate Judge issued an electronic order stating that the Court will take no action until Defendants file a motion or Plaintiff's estate's legal representative takes appropriate action. (ECF No. 21).

         On January 31, 2019, Defendants filed a Suggestion of Death. (ECF No. 22).

         On March 15, 2019, the Court ordered the parties to file memoranda related to the status of Mr. Carlos Lopes-Salas's suit and the appointment of a personal representative. (ECF No. 27).

         On April 25, 2019, Defendants filed DEFENDANTS CITY AND COUNTY OF HONOLULU AND TYLER PARSON'S STATUS MEMORANDUM. (ECF No. 28).

         On May 1, 2019, Counsel for Decedent filed a MEMORANDUM REGARDING STATUS OF THE CASE. (ECF No. 29).

         On June 12, 2019, Counsel for Decedent filed a SUPPLEMENTAL MEMORANDUM REGARDING STATUS OF THE CASE. (ECF No. 31).

         On July 24, 2019, the Court ordered Counsel for Decedent to show cause why the case should not be dismissed pursuant to Fed.R.Civ.P. 25(a). (ECF No. 32).

         On September 12, 2019, Counsel for Decedent filed a MEMORANDUM REGARDING ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED. (ECF No. 33).

         On September 30, 2019, Defendants filed DEFENDANTS CITY AND COUNTY OF HONOLULU AND TYLER PARSON'S RESPONSE TO MIYOSHI & HIRONAKA, LLLC'S MEMORANDUM REGARDING ORDER TO SHOW ...


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