U.S. v. Canaday, 1:14-27450. (2017)
Court: District Court, S.D. West Virginia
Number: infdco20170717d16
Visitors: 9
Filed: Jul. 17, 2017
Latest Update: Jul. 17, 2017
Summary: MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . Plaintiff filed a motion to substitute T.A. Bailey, as representative of the Estate of Timothy W. Canaday, as a party in this action for the deceased defendant, Timothy W. Canaday. In so doing and as contemplated by Federal Rule of Civil Procedure 25(a)(3), plaintiff filed a Notice of Hearing on that motion for July 25, 2017. By Memorandum Opinion and Order entered on June 29, 2017, the court granted the motion to substi
Summary: MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . Plaintiff filed a motion to substitute T.A. Bailey, as representative of the Estate of Timothy W. Canaday, as a party in this action for the deceased defendant, Timothy W. Canaday. In so doing and as contemplated by Federal Rule of Civil Procedure 25(a)(3), plaintiff filed a Notice of Hearing on that motion for July 25, 2017. By Memorandum Opinion and Order entered on June 29, 2017, the court granted the motion to substit..
More
MEMORANDUM OPINION AND ORDER
DAVID A. FABER, Senior District Judge.
Plaintiff filed a motion to substitute T.A. Bailey, as representative of the Estate of Timothy W. Canaday, as a party in this action for the deceased defendant, Timothy W. Canaday. In so doing and as contemplated by Federal Rule of Civil Procedure 25(a)(3), plaintiff filed a Notice of Hearing on that motion for July 25, 2017. By Memorandum Opinion and Order entered on June 29, 2017, the court granted the motion to substitute. The court is concerned that it granted the motion to substitute prematurely as a hearing appears to be contemplated by Rule 25(a)(3). Accordingly, the court hereby SCHEDULES a hearing on the motion to substitute for Tuesday, August 15, 2017, at 10:30 a.m., in Bluefield.* At that hearing, the court will consider whether there is any objection to the order of substitution and whether it should be vacated. Plaintiff is directed to serve this Order "on the parties as provided in Rule 5 and on nonparties as provided in Rule 4."
The Clerk is directed to send a copy of this Memorandum Opinion and Order to counsel of record and unrepresented parties.
IT IS SO ORDERED.
FootNotes
* The hearing cannot go forward as originally noticed because the Bluefield courtroom is unavailable.
Source: Leagle
