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, )

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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 3

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