In Re: The Matter of Taira Lynn Limited No. 7, LLC
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
IN RE: THE MATTER OF TAIRA
LYNN LIMITED NO. 7, etc., et al.,
PRAYING FOR EXONERATION
FROM OR LIMITATION OF
) CIVIL ACTION 13-0318-WS-C
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
DONE and ORDERED this 9th day of May, 2016.
s/ WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE
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.
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