Crum, et al v. State of Alabama, et al
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
AGAINST THE STATE OF
ALABAMA, et al.,
EUGENE CRUM, JR., et al.,
STATE OF ALABAMA, et al.,
CIVIL ACTION NO.
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
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
Suggestions of death have been filed for plaintiffs
Herman Alexander Powell (doc.
Romanza A. Hamilton (doc.
no. 871), Betty C. Crum
Gladys D. Jones (doc.
no. 873), Nonie Williams
no. 845), Ellen Tolbert (doc.
no. 846), and
The court entered an
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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