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.
2
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