ROMAN v. CHASE, 2:09-CV-1476 JCM (VCF). (2012)
Court: District Court, D. Nevada
Number: infdco20120420a94
Visitors: 2
Filed: Apr. 19, 2012
Latest Update: Apr. 19, 2012
Summary: ORDER JAMES C. MAHAN, District Judge. Presently before the court is the case of Roman v. Chase, et. al., case number 2:09-cv-1476-JCM-VCF. On December 19, 2011, pursuant to Federal Rule of Civil Procedure 25(a), defendants Bernie Chase and Chris Andreoli filed a notice of death of plaintiff Ed Roman. (Doc. #44). Federal Rule of Civil Procedure 25(a) states: If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution ma
Summary: ORDER JAMES C. MAHAN, District Judge. Presently before the court is the case of Roman v. Chase, et. al., case number 2:09-cv-1476-JCM-VCF. On December 19, 2011, pursuant to Federal Rule of Civil Procedure 25(a), defendants Bernie Chase and Chris Andreoli filed a notice of death of plaintiff Ed Roman. (Doc. #44). Federal Rule of Civil Procedure 25(a) states: If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may..
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ORDER
JAMES C. MAHAN, District Judge.
Presently before the court is the case of Roman v. Chase, et. al., case number 2:09-cv-1476-JCM-VCF.
On December 19, 2011, pursuant to Federal Rule of Civil Procedure 25(a), defendants Bernie Chase and Chris Andreoli filed a notice of death of plaintiff Ed Roman. (Doc. #44).
Federal Rule of Civil Procedure 25(a) states:
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 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed.
To date, a motion for substitution has not been filed with the court. Therefore, pursuant to Federal Rule of Civil Procedure 25(a), the action "must be dismissed."
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the above-captioned case be, and the same hereby is, DISMISSED.
Source: Leagle
