Filed: Dec. 26, 2018
Latest Update: Dec. 26, 2018
Summary: ORDER J. RANDAL HALL , Chief District Judge . Before the Court is Martha T. Rumph's Motion of Plaintiff's Representative for Substitution as Plaintiff pursuant to Federal Rule of Civil Procedure 25(a). (Doc. 20.) Plaintiff, Darrie D. Rumph, died on May 26, 2018. (Suggestion of Death, Doc. 8, 2.) Defendant filed notice of his death on June 21, 2018. (Suggestion of Death.) On November 15, 2018, the Probate Court of Houston County, Georgia, designated Martha T. Rumph as Administrator for the
Summary: ORDER J. RANDAL HALL , Chief District Judge . Before the Court is Martha T. Rumph's Motion of Plaintiff's Representative for Substitution as Plaintiff pursuant to Federal Rule of Civil Procedure 25(a). (Doc. 20.) Plaintiff, Darrie D. Rumph, died on May 26, 2018. (Suggestion of Death, Doc. 8, 2.) Defendant filed notice of his death on June 21, 2018. (Suggestion of Death.) On November 15, 2018, the Probate Court of Houston County, Georgia, designated Martha T. Rumph as Administrator for the ..
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ORDER
J. RANDAL HALL, Chief District Judge.
Before the Court is Martha T. Rumph's Motion of Plaintiff's Representative for Substitution as Plaintiff pursuant to Federal Rule of Civil Procedure 25(a). (Doc. 20.) Plaintiff, Darrie D. Rumph, died on May 26, 2018. (Suggestion of Death, Doc. 8, ¶ 2.) Defendant filed notice of his death on June 21, 2018. (Suggestion of Death.) On November 15, 2018, the Probate Court of Houston County, Georgia, designated Martha T. Rumph as Administrator for the Estate of Darrie D. Rumph. (Letters of Administration, Doc. 20-1.) On the same day, Martha T. Rumph filed the present motion requesting to be substituted as Plaintiff in place of Darrie D. Rumph.
Federal Rule of Civil Procedure 25(a) governs substitution of parties after death:
If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent's successor or representative. If the motion is not made within [ninety] days after service of a statement noting the death, the action by or against the decedent must be dismissed.
Defendant filed the Suggestion of Death on June 21, 2018. The present motion, filed November 15, 2018, was not filed within ninety days as required by Rule 25(a). Nevertheless, Martha T. Rumph represents that Defendant consents to the present motion, and Defendant has not filed an opposition.1
Based on the foregoing, it IS HEREBY ORDERED that Martha T. Rumph's Motion of Plaintiff§s Representative for Substitution as Plaintiff (Doc, 20) is GRANTED. The Clerk is directed to TERMINATE Darrie D. Rumph as a party to this case and SUBSTITUTE Martha T. Rumph, Administrator of the Estate of Darrie D. Rumph, as Plaintiff. Pursuant to Magistrate Judge Brian K. Epps's Order dated June 27, 2018 (Doc. 16), Defendant shall respond to Plaintiff§s complaint within FOURTEEN (14) DAYS of this Order.
ORDER ENTERED.
