Malygin v. Zakheim & Lavrar, P.A.

Filing 36

ORDER: This case is dismissed pursuant to Rule 25(a)(1), Fed. R. Civ. P. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 5/31/2017. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MAXIM V. MALYGIN,
Plaintiff,
v.

Case No. 8:15-cv-2925-T-33AEP

ZAKHEIM & LAVRAR, P.A.,
Defendant.
_____________________________/
ORDER
This matter comes before the Court sua sponte. On March
1, 2017, counsel for Plaintiff formally suggested the death
of

Plaintiff

on

the

record.

(Doc

#

34).

Rule

25(a)(1)

provides:
If a party dies and the claim is not extinguished,
the court may order substitution of the proper
party. 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.
Fed. R. Civ. P. 25(a)(1)(emphasis added). The Court cautioned
counsel on March 2, 2017: “under Federal Rule of Civil
Procedure 25(a), unless a motion for substitution is made
within 90 days after the death is suggested upon the record,
the action shall be dismissed.” (Doc. # 35).

The

90-day

deadline

has

passed

substitution has not been filed.

and

a

motion

for

As such, the action is

dismissed pursuant to the provisions of Federal Rule of Civil
Procedure 25(a)(1).
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
This case is dismissed pursuant to Rule 25(a)(1), Fed.
R. Civ. P.
DONE and ORDERED in Chambers in Tampa, Florida, this
31st day of May, 2017.

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