Reynolds v. Dept/Transportation, et al

Filing 9281

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.,

)
)
)
)
)
)
)
)
)
)

Plaintiffs,
v.
ALABAMA DEPARTMENT OF
TRANSPORTATION, et al.,
Defendants.

CIVIL ACTION NO.
2:85cv665-MHT
(WO)

OPINION AND ORDER
This case is before the court on the defendants’
suggestions

of

death

upon

the

record

for

several

plaintiff class members who have individual contempt
claims pending, and defendants’ motion to dismiss their
claims.

In

following
9268);

particular,

claims

Chauntege

of

the

death:

defendants

Donnie

Mathews-Robinson

James Garlington (doc. no. 9270).

Whitted
(doc.

make

the

(doc.

no.

no.

9269);

Each of these claims

of death were filed May 23, 2018, pursuant to Rule
25(a)(1) of the Federal Rules of Civil Procedure.

1

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
of

a

statement

noting

the

death,

the

against the decedent must be dismissed.”

action

by

or

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

be dismissed.
***
Accordingly, it is ORDERED that:
(1) Defendants’ motion to dismiss (doc. no. 9280)
is granted.
(2)

All

claims

Mathews-Robinson,
pursuant

to

the

and

of

Donnie

James

Whitted,

Garlington

requirements

of

Fed.

are
R.

Chauntege
dismissed
Civ.

P.

25(a)(1).
(3)
in

The clerk of the court shall mark the docket

this

case

so

as

to

indicate
2

the

death

Donnie

Whitted,

Chauntege

Mathews-Robinson,

and

James

Garlington.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
DONE, this the 28th day of August, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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