Steele v. Beaulieu Group, LLC

Filing 26

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 5/18/16. (SAC )

FILED
2016 May-18 AM 09:31
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
JEREMY STEELE,
Plaintiff,
v.
BEAULIEU GROUP, LLC,
Defendant.

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Case No. 5:15-cv-515-KOB

MEMORANDUM OPINION
On February 2, 2016, Plaintiff’s counsel filed a Suggestion of Death informing the court of
Plaintiff’s death on October 9, 2015. (Doc. 21). Upon the filing of the Suggestion of Death, the
court stayed all deadlines in this case for 90 days to allow for substitution of the Plaintiff. (Doc. 22).
Neither Plaintiff’s counsel nor a representative of Plaintiff’s estate filed a motion for substitution.
On May 5, 2016, the court Ordered Plaintiff’s counsel to show cause why this case should not be
dismissed for failure to prosecute, (doc. 25), and Plaintiff’s counsel never responded to the court’s
Order.
“If the motion [for substitution] is not made within 90 days after service of a statement
noting death, the action by or against the decedent must be dismissed.” Fed. R. Civ. P. 25(a)(1)
(emphasis added). Pursuant to Fed. R. Civ. P. 25(a)(1) and because the Plaintiff’s counsel never
filed a response to the court’s Order to show cause why this case should not be dismissed for
failure to prosecute, this case is due to be DISMISSED WITH PREJUDICE. The court will
enter a separate final judgment order contemporaneously with this opinion.

DONE and ORDERED this 18th day of May, 2016.

___________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE