Crum, et al v. State of Alabama, et al

Filing 962

OPINION. Signed by Honorable Judge Myron H. Thompson on 4/21/16. (djy, )

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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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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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