ORDER RE: MOTION TO DISMISS PURSUANT TO RULE 25 AND MOTION TO CLOSE CASE

WILLIAM B. SHUBB, District Judge.

Before the court is plaintiff's Motion to Dismiss Defendant Pursuant to Rule 25 and Motion to Close Case. (Docket No. 321.) Previously, Paul Levine, former counsel for defendants John McGinley and Robert McGinley, informed this court that defendant Robert McGinley passed away on September 10, 2018. (Docket No. 233.) Since then, apparently no party has been able to ascertain the identity of the proper successor or representative of Robert McGinley, and plaintiff now requests that the court dismiss Robert McGinley and close the case.

Under Federal Rule of Civil Procedure 25, if a party dies, the court may order substitution of the proper party. However, if a motion by a party or the decedent's successor or representative "is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed." Fed. R. Civ. P. 25(a)(1). Here, the court denied plaintiff's request to substitute "[t]he executor of the Estate of Robert McGinley, or, if no individual is acting as the executor, then the administrator or distributee of the Estate" in place of Robert McGinley, because no such person had been identified. (Docket No. 278.) The court also gave leave to plaintiff to "refile his motion if and when he ascertains the identity of the proper party for the purposes of Rule 25." (Id.) More than eight months has passed since the court granted such leave, and plaintiff has not sought to refile his motion to substitute.

In light of the foregoing, as well as the lack of any opposition from any party or anyone seeking to represent Robert McGinley, the court will grant plaintiff's motion to dismiss Robert McGinley. Further, given that all of plaintiff's claims against all parties have now been resolved, the court will order final judgment and close this case.

IT IS THEREFORE ORDERED that plaintiff's Motion to Dismiss Defendant Pursuant to Rule 25 and Motion to Close Case (Docket No. 321) be, and the same hereby is, GRANTED. Plaintiff's claims against Robert McGinley are hereby DISMISSED. The Clerk of Court shall enter final judgment as to all parties and close this case.