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)

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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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