United States District Court, D. Hawaii
ORDER GRANTING JOSEPHINE SALAS'S REQUEST FOR
LEAVE TO FILE A MOTION TO SUBSTITUTE AS PLAINTIFF (ECF NO.
Gillmor, United States District Judge.
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.
Lopes-Salas, Jr. subsequently died.
Salas, Mr. Lopes-Salas, Jr.'s mother and personal
representative, seeks to substitute herself as Plaintiff in
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).
Salas is GRANTED leave to move to serve as
substitute Plaintiff. (ECF No. 33).
March 21, 2018, Carlos Lopes-Salas, Jr. filed the Complaint.
(ECF No. 1).
27, 2018, Defendants filed their Answer. (ECF No. 11).
January 29, 2019, Counsel for Decedent informed the Court
that Mr. Lopes-Salas died on July 30, 2018. (ECF No 20).
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).
January 31, 2019, Defendants filed a Suggestion of Death.
(ECF No. 22).
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).
April 25, 2019, Defendants filed DEFENDANTS CITY AND COUNTY
OF HONOLULU AND TYLER PARSON'S STATUS MEMORANDUM. (ECF
1, 2019, Counsel for Decedent filed a MEMORANDUM REGARDING
STATUS OF THE CASE. (ECF No. 29).
12, 2019, Counsel for Decedent filed a SUPPLEMENTAL
MEMORANDUM REGARDING STATUS OF THE CASE. (ECF No. 31).
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).
September 12, 2019, Counsel for Decedent filed a MEMORANDUM
REGARDING ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE
DISMISSED. (ECF No. 33).
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