In Re: The Matter of Taira Lynn Limited No. 7, LLC
Filing
790
Order NOTING 724 Suggestion of Death filed by Andre Files. Signed by Chief Judge William H. Steele on 5/9/2016. copies to parties. (sdb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
IN RE: THE MATTER OF TAIRA
LYNN LIMITED NO. 7, etc., et al.,
PRAYING FOR EXONERATION
FROM OR LIMITATION OF
LIABILITY
)
)
) CIVIL ACTION 13-0318-WS-C
)
)
ORDER
Counsel for claimant Andre Files has filed a suggestion of Files’ death.
(Doc. 724). The suggestion is noted, with the reminder that, “[i]f [a] 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)(1).
Counsel “[m]oves and asks the court to abate this Matter as to the claims of
Andre Files until a proper representative is appointed.” Because no showing of
the factual necessity or legal propriety of such a stay has been offered, the motion
is denied.1
DONE and ORDERED this 9th day of May, 2016.
s/ WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE
1
Counsel assures the Court that a motion to substitute “will be filed as soon as an
estate representative is appointed,” so the Court can perceive no reason counsel cannot
continue to prosecute this action in the brief interim.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?