Crum, et al v. State of Alabama, et al
Filing
962
OPINION. Signed by Honorable Judge Myron H. Thompson on 4/21/16. (djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
IN RE: EMPLOYMENT
DISCRIMINATION LITIGATION
AGAINST THE STATE OF
ALABAMA, et al.,
EUGENE CRUM, JR., et al.,
Plaintiffs,
v.
STATE OF ALABAMA, et al.,
Defendants.
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CIVIL ACTION NO.
2:94cv356-MHT
(WO)
OPINION
This matter is before the court on a motion to
dismiss a number of plaintiffs who have died during the
pendency of the case.
Federal Rule of Civil Procedure
25(a) provides that, when a party dies and his claim is
not extinguished, the court may order substitution of a
new party.
However, “[i]f the motion [to substitute]
is not made within 90 days after service of a statement
noting the death, the action by or against the decedent
must
be
dismissed.”
Fed.
R.
Civ.
P.
25(a).
Suggestions of death have been filed for plaintiffs
Herman Alexander Powell (doc.
(doc.
no.
886),
Louis
Gilchrist
Romanza A. Hamilton (doc.
(doc.
no. 871), Betty C. Crum
(doc.
Gladys D. Jones (doc.
no. 907).
order
why
granted
show
(doc.
cause
no.
941),
888),
no. 873), Nonie Williams
no. 845), Ellen Tolbert (doc.
to
no.
no. 846), and
The court entered an
the
motion
and
received
should
no
not
be
response.
Because more than 90 days have passed since the filing
of each suggestion of death, the motion to dismiss is
due to be granted.
An appropriate judgment will be entered.
DONE, this the 21st day of April, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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