IN RE MATTER OF TAIRA LYNN LIMITED NO. 7, 13-0318-WS-C. (2016)
Court: District Court, S.D. Alabama
Number: infdco20160510735
Visitors: 5
Filed: May 09, 2016
Latest Update: May 09, 2016
Summary: ORDER WILLIAM H. STEELE , Chief District Judge . Counsel for claimant Andre Files has filed a suggestion of Files' death. (Doc. 724). The suggestion is noted, with the reminder that, "[i]f [a] motion [to substitute] 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). Counsel "[m]oves and asks the court to abate this Matter as to the claims of Andre Files until a proper representative
Summary: ORDER WILLIAM H. STEELE , Chief District Judge . Counsel for claimant Andre Files has filed a suggestion of Files' death. (Doc. 724). The suggestion is noted, with the reminder that, "[i]f [a] motion [to substitute] 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). Counsel "[m]oves and asks the court to abate this Matter as to the claims of Andre Files until a proper representative ..
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ORDER
WILLIAM H. STEELE, Chief District Judge.
Counsel for claimant Andre Files has filed a suggestion of Files' death. (Doc. 724). The suggestion is noted, with the reminder that, "[i]f [a] motion [to substitute] 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).
Counsel "[m]oves and asks the court to abate this Matter as to the claims of Andre Files until a proper representative is appointed." Because no showing of the factual necessity or legal propriety of such a stay has been offered, the motion is denied.1
DONE and ORDERED.
FootNotes
1. Counsel assures the Court that a motion to substitute "will be filed as soon as an estate representative is appointed," so the Court can perceive no reason counsel cannot continue to prosecute this action in the brief interim.
Source: Leagle
