Luna v. Allen
- Charles Breyer
- 3:22-cv-07280
- U.S. District Court · Northern District of California
- 1
In Luna v. Palacios, Judge Breyer dismissed the action after no substitution motion followed Luna’s death notice within 90 days.
The dismissal ended Gilbert Osuna Luna’s action because no successor or representative moved to substitute for him within the time stated in Rule 25(a). The order also ended all pending motions as moot.
What happened
In Gilbert Osuna Luna v. Palacios, defendants notified the court that Luna had died on or about February 9, 2024, at Salinas Valley State Prison.
The court found that the death notice was properly filed and later published, starting a 90-day period for a successor or representative to ask to be substituted as the plaintiff. No substitution motion was filed during that period.
Judge Charles R. Breyer dismissed the action under Rule 25(a) of the Federal Rules of Civil Procedure, directed the clerk to close the case, and terminated all pending motions as moot.
The detailed version
- Luna v. Allen · No. 3:22-cv-07280
- Charles Breyer
- Sept. 16, 2024
Background
Defendants filed a notice stating that plaintiff Gilbert Osuna Luna had died on or about February 9, 2024, at Salinas Valley State Prison. The notice was filed on February 26, 2024.
Rule 25(a)
Federal Rule of Civil Procedure 25(a) provides that when a party dies and the claim continues, the court may allow a proper party to be substituted. A party or the deceased person’s successor or representative must make the substitution motion within 90 days after the death is formally noted and the notice is served as required by the rule. If no motion is made within that period, the action must be dismissed.
The court found that the first requirement was met when defendants filed the notice of death. It found that the second requirement was met through publication of the notice on May 22, May 29, June 5, and June 12, 2024. Because no motion for substitution was filed within 90 days after June 12, 2024, the court dismissed the action under Rule 25(a).
Ruling
Judge Charles R. Breyer ordered dismissal of the action, directed the clerk to close the case, and terminated all pending motions as moot. The opinion does not state whether the underlying claims were legally valid or what relief they sought.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.