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Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability | California Southern
Order on Motion to Substitute Party
Minute Order by Judge Jinsook Ohta: Plaintiff filed an unopposed motion to substitute deceased Plaintiff Irene Landry with Raymond Landry Jr., the decedent's surviving spouse and legal successor. Dkt. 8. Plaintiff also seeks leave to amend the Complaint with the proper plaintiff and proceed with all surviving claims. Id.Federal Rule of Civil Procedure 25(a)(1) permits the Court to substitute a proper party if a claim is not extinguished by a party's death. The motion must be filed within 90 days after service of a statement noting the death.Here, Plaintiff satisfies the requirements for substitution---the motion was filed within 90 days after the notice of death filed on March 24, 2026; Plaintiff's claims survive under Louisiana's survival statute; and proposed substitute party Raymond Landry Jr. is the decedent's surviving spouse, a proper party for substitution. See La. Civ. Code art. 2315.1 ("If a person who has been injured by an offense or quasi offense dies, the right to recover all damages for injury to that person... caused by the offense or quasi offense, shall survive for a period of one year from the death of the deceased... in favor of... [t]he surviving spouse"). Therefore, the Court GRANTS Plaintiff's motion for substitution and for leave to amend the Complaint [Dkt. 8]. Signed by Judge Jinsook Ohta on 7/9/2026. (mk)
Patent | Delaware
Order ~Util - Set Briefing Schedule - open,ans,reply,surreply
ORDER granting 32 Emergency Motion for Extension of Time to File Opposition to AngioDynamics' Motion for Preliminary Injunction. (*Reset Briefing Schedule re 18 MOTION for Preliminary Injunction: Answering Brief due 8/17/2026). Signed by Judge Jennifer L. Hall on 7/9/2026. (ceg)
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