Filed: May 27, 2016
Latest Update: May 27, 2016
Summary: STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE TO FILE MOTION FOR SUBSTITUTION OF PARTY ANDREW P. GORDON , District Judge . Defendants and Third-Party Plaintiffs Central Washington Asphalt ("CWA") and Donald Frank Hannon ("Hannon," together with CWA, the "CWA Parties") along with Third-Party Defendant and Counterclaimant Mitchell Forrest Zemke ("Mr. Zemke," together with CWA Parties, the "Stipulating Parties"), by and through their undersigned counsel, stipulate and agree that the Stip
Summary: STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE TO FILE MOTION FOR SUBSTITUTION OF PARTY ANDREW P. GORDON , District Judge . Defendants and Third-Party Plaintiffs Central Washington Asphalt ("CWA") and Donald Frank Hannon ("Hannon," together with CWA, the "CWA Parties") along with Third-Party Defendant and Counterclaimant Mitchell Forrest Zemke ("Mr. Zemke," together with CWA Parties, the "Stipulating Parties"), by and through their undersigned counsel, stipulate and agree that the Stipu..
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STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE TO FILE MOTION FOR SUBSTITUTION OF PARTY
ANDREW P. GORDON, District Judge.
Defendants and Third-Party Plaintiffs Central Washington Asphalt ("CWA") and Donald Frank Hannon ("Hannon," together with CWA, the "CWA Parties") along with Third-Party Defendant and Counterclaimant Mitchell Forrest Zemke ("Mr. Zemke," together with CWA Parties, the "Stipulating Parties"), by and through their undersigned counsel, stipulate and agree that the Stipulating Parties shall have up to and including June 30, 2016 to file a motion for substitution of party, and state as follows:
1. The Stipulating Parties have pending claims against each other arising out of the multi-vehicle accident that is the subject matter of this lawsuit. See Dkt. Nos. 44; 53; 332; 345.
2. Third-Party Defendant and Counterclaimant Mr. Zemke passed away on December 12, 2015 and a Statement Noting Counterclaimant Mitchell Zemke's Death [Dkt. #500] was filed on February 26, 2016.
3. Pursuant to Federal Rule of Civil Procedure 25(a), the Stipulating Parties have until May 31, 2016 to file a motion for substitution of parties to substitute the Estate of Mitchell Forrest Zemke, by and through its personal representative, Kathryn Zemke (the "Estate") as the counterclaimant and third-party defendant.
4. The Stipulating Parties seek to extend the May 31, 2016 deadline because the Stipulating Parties have reached an agreement in principle to settle all claims by and against Mr. Zemke, which would eliminate the need to substitute the Estate for Mr. Zemke, and the Stipulating Parties are in the process of finalizing settlement terms and paperwork to resolve all issues and to dismiss their pending claims against each other.
5. To facilitate the resolution of said claims and to conserve judicial resources, the Stipulating Parties stipulate and agree that the Stipulating Parties shall have up to and including June 30, 2016 to file a motion for substitution of party to substitute the Estate, by and through its personal representative Kathryn Zemke, for Third-Party Defendant Mr. Zemke as a party to this action.
IT IS SO ORDERED.
[PROPOSED] ORDER
IT IS SO ORDERED.
