Brooke v. Castle Investments LLC

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
THERESA BROOKE,
Plaintiff,
v.
CASTLE INVESTMENTS LLC,
Defendant.
Case No. 1:25-cv-01194-KES-CDB
ORDER DIRECTING COUNSEL FOR
PLAINTIFF TO EFFECT SERVICE OF
NOTICE OF SUGGESTION OF DEATH UPON
NEXT OF KIN PURSUANT TO FED. R. CIV.
P. 25(a) AND TO PROMPTLY FILE PROOF
OF SERVICE
(Doc. 7)
14-DAY DEADLINE
Plaintiff Theresa Brooke initiated this action with the filing of a complaint against
Defendant Castle Investments LLC, alleging violations of the Americans with Disabilities Act
(“ADA”) and California’s Unruh Civil Rights Act (“Unruh Act”). (Doc. 1).
On October 8, 2025, counsel for Plaintiff filed a notice of suggestion of death. (Doc. 7).
Counsel for Plaintiff declares that Plaintiff Theresa Brooke passed away on October 2, 2025. See
(Doc. 7-1, Declaration of Peter Kristofer Strojnik (“Strojnik Decl.”) ¶ 3). Counsel declares that it
is anticipated that Plaintiff’s husband will be appointed as personal representative and a motion to
substitute him as personal representative to act as Plaintiff will occur. Id. ¶ 5.
Based on the notice of suggestion of death and the representations of counsel for Plaintiff
in his declaration, including the representation that a motion to substitute the representative as
Plaintiff will be filed pursuant to Federal Rule of Civil Procedure Rule 25(a), the Court will direct
Case 1:25-cv-01194-KES-CDB Document 9 Filed 11/10/25 Page 1 of 2

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counsel for Plaintiff within 14 days from the entry of this order to effect service of the notice of
suggestion of death filed in this case upon Plaintiff’s next of kin consistent with Rule 25(a) and to
promptly file proof of service thereafter.
Conclusion and Order
Accordingly, it is HEREBY ORDERED that within 14 days of entry of this order, counsel
for Plaintiff is DIRECTED to effect service of the notice of suggestion of death (Doc. 7) upon
parties and nonparty successors or representatives of the deceased consistent with Federal Rule of
Civil Procedure 25(a) and to promptly file proof of service on the docket.
Any failure for counsel for Plaintiff to timely comply with this order will result in the
imposition of sanctions, including financial sanctions and/or a recommendation to dismiss
this case.
IT IS SO ORDERED.
Dated: November 7, 2025 ___________________ _
UNITED STATES MAGISTRATE JUDGE
Case 1:25-cv-01194-KES-CDB Document 9 Filed 11/10/25 Page 2 of 2