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
3
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