United States of America v. Gumbaytay et al

Filing 378

ORDER that all claims brought against Jamarlo Gumbaytay in above referenced case are DISMISSED. The Clerk of the Court is DIRECTED to dismiss him as a party to this lawsuit as further set out in this order. Signed by Honorable Mark E. Fuller on 5/24/2011. (jg, )

IN THE UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
UNITED STATES OF AMERICA,

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Plaintiff,
v.
JAMARLO GUMBAYTAY, et al.,
Defendants.

CASE NO. 2:08-cv-573
(WO- DO NOT PUBLISH)

ORDER
On February 21, 2011 the defendants in this case filed a Suggestion of Death,
notifying the Court that the defendant Jamarlo Gumbaytay was deceased. (Doc. # 264).
Federal Rule of Civil Procedure 25(a) provides that “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 action by or against
the decedent must be dismissed.”
No substitution of parties was made in this case, and the 90 day period for seeking
substitution has passed. Accordingly, it is hereby ORDERED that all claims brought
against Jamarlo Gumbaytay in above referenced case are DISMISSED. The Clerk of the
Court is DIRECTED to dismiss him as a party to this lawsuit.
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Done this the 24 day of May, 2011.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE