Filed: Sep. 26, 2017
Latest Update: Sep. 26, 2017
Summary: OPINION AND ORDER GRANTING INTERVENOR'S MOTION TO SUBSTITUTE IN AS PROPER PARTY-PLAINTIFF LINDA V. PARKER , District Judge . On April 14, 2014, Plaintiff, Michael Kheibari, without the assistance of counsel, initiated this lawsuit against Defendant alleging employment discrimination. Plaintiff has since retained counsel to represent him in this matter. (ECF No. 10.) On June 16, 2017, the Court received notice that Plaintiff died on or about May 31, 2017. (ECF No. 71.) Pursuant to Federal
Summary: OPINION AND ORDER GRANTING INTERVENOR'S MOTION TO SUBSTITUTE IN AS PROPER PARTY-PLAINTIFF LINDA V. PARKER , District Judge . On April 14, 2014, Plaintiff, Michael Kheibari, without the assistance of counsel, initiated this lawsuit against Defendant alleging employment discrimination. Plaintiff has since retained counsel to represent him in this matter. (ECF No. 10.) On June 16, 2017, the Court received notice that Plaintiff died on or about May 31, 2017. (ECF No. 71.) Pursuant to Federal R..
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OPINION AND ORDER GRANTING INTERVENOR'S MOTION TO SUBSTITUTE IN AS PROPER PARTY-PLAINTIFF
LINDA V. PARKER, District Judge.
On April 14, 2014, Plaintiff, Michael Kheibari, without the assistance of counsel, initiated this lawsuit against Defendant alleging employment discrimination. Plaintiff has since retained counsel to represent him in this matter. (ECF No. 10.) On June 16, 2017, the Court received notice that Plaintiff died on or about May 31, 2017. (ECF No. 71.)
Pursuant to Federal Rule of Civil Procedure 25(a)(1)1, on June 21, 2017, this Court issued an Order to place Plaintiff's death on the record and to alert Plaintiff's successor or representative, if any, of the need to file a motion for substitution within ninety (90) days of the Order if he or she desired to continue2 this litigation. (ECF No. 74.) On September 15, 2017, Rosita Amini, Michael Kheibari's daughter, filed a motion to substitute indicating that she has been appointed the Personal Representative of the Estate of Michael Kheibari as of August 29, 2017. (ECF No. 75 at Pg ID 1594; ECF No. 75-1 at Pg ID 1596.)
On September 19, 2017, Defendant's counsel indicated to the Court that the motion to substitute is uncontested.
Accordingly,
IT IS ORDERED that Intervenor's motion for substitution (ECF No. 75) is GRANTED.
IT IS FURTHER ORDERED that Rosita Amini, the Personal Representative of the Estate of Michael Kheibari, shall be substituted as the proper party-Plaintiff for the decedent, Michael Kheibari.
IT IS FURTHER ORDERED that Rosita Amini, the Personal Representative of the Estate of Michael Kheibari, shall be entitled to recover any relief as to which Michael Kheibari would have been entitled to recover.
IT IS SO ORDERED.
