Peoples v. Wichita State University, 18-1010-JWB. (2019)
Court: District Court, D. Kansas
Number: infdco20191212a19
Visitors: 7
Filed: Dec. 11, 2019
Latest Update: Dec. 11, 2019
Summary: MEMORANDUM AND ORDER JOHN W. BROOMES , District Judge . This action alleging employment discrimination was filed pro se by Plaintiff on January 8, 2018. (Doc. 1.) On August 31, 2019, Defendant filed a suggestion of death asserting that Plaintiff Darrell Peoples had died. (Doc. 107.) A return of service was subsequently filed showing Defendant had caused personal service of a summons on Floria Clark (Plaintiff's mother), on September 4, 2019. (Doc. 108.) Rule 25 provides in part that if a
Summary: MEMORANDUM AND ORDER JOHN W. BROOMES , District Judge . This action alleging employment discrimination was filed pro se by Plaintiff on January 8, 2018. (Doc. 1.) On August 31, 2019, Defendant filed a suggestion of death asserting that Plaintiff Darrell Peoples had died. (Doc. 107.) A return of service was subsequently filed showing Defendant had caused personal service of a summons on Floria Clark (Plaintiff's mother), on September 4, 2019. (Doc. 108.) Rule 25 provides in part that if a ..
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MEMORANDUM AND ORDER
JOHN W. BROOMES, District Judge.
This action alleging employment discrimination was filed pro se by Plaintiff on January 8, 2018. (Doc. 1.) On August 31, 2019, Defendant filed a suggestion of death asserting that Plaintiff Darrell Peoples had died. (Doc. 107.) A return of service was subsequently filed showing Defendant had caused personal service of a summons on Floria Clark (Plaintiff's mother), on September 4, 2019. (Doc. 108.)
Rule 25 provides in part that if a party dies and the claim is not extinguished, the court may order substitution of the proper party, and a motion for substitution may be made by any party or by the decedent's successor or representative. Fed. R. Civ. P. 25(a)(1). "If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed." Id.
The court finds that no motion for substitution has been made within 90 days after service of a statement noting Plaintiff's death. Pursuant to Fed. R. Civ. P. 25(a)(1), the action is hereby DISMISSED WITHOUT PREJUDICE. The pending motions (Docs. 87, 94, 95, 96, 97, 98, 99) are DENIED as moot.
IT IS SO ORDERED.
Source: Leagle
