Reynolds v. Dept/Transportation, et al
OPINION AND ORDER directing that: (1) defs' 9280 MOTION to Dismiss is GRANTED; (2) all claims of Donnie Whitted, Chauntege Mathews-Robinson, and James Garlington are dismissed pursuant to the requirements of Fed. R. Civ. P. 25(a)(1); ( 3) directing the clerk mark the docket in this case so as to indicate the death Donnie Whitted, Chauntege Mathews-Robinson, and James Garlington; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Judge Myron H. Thompson on 8/28/18. (Attachments: # 1 civil appeals checklist)(djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JOHNNY REYNOLDS, et al.,
ALABAMA DEPARTMENT OF
TRANSPORTATION, et al.,
CIVIL ACTION NO.
OPINION AND ORDER
This case is before the court on the defendants’
plaintiff class members who have individual contempt
claims pending, and defendants’ motion to dismiss their
James Garlington (doc. no. 9270).
Each of these claims
of death were filed May 23, 2018, pursuant to Rule
25(a)(1) of the Federal Rules of Civil Procedure.
Rule 25(a)(1) provides that, upon the death of a
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
against the decedent must be dismissed.”
More than 90
days have passed since the filing of the above-noted
suggestions of death, but no motion for substitution
has been filed.
Therefore, the decedents’ claims must
Accordingly, it is ORDERED that:
(1) Defendants’ motion to dismiss (doc. no. 9280)
The clerk of the court shall mark the docket
The clerk of the court is DIRECTED to enter this
DONE, this the 28th day of August, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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