Gaston-Swanks v. Credit Control, LLC

Filing 18

ORDER granting 16 Unopposed Motion to Substitute a Party. Latasha Swanks, as Administrator of the Estate of Marguerite Gaston-Swanks, is hereby substituted as a Plaintiff in this action. Signed by Magistrate Judge Julie S. Sneed on 2/1/2017. (SMC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MARGUERITE GASTON-SWANKS,
Plaintiff,
v.

Case No: 8:16-cv-2345-T-23JSS

CREDIT CONTROL, LLC,
Defendant.
___________________________________/
ORDER
THIS MATTER is before the Court on Plaintiff’s Unopposed Motion to Substitute a Party
(“Motion”). (Dkt. 16.) For the reasons set forth below, the Court grants Plaintiff’s Motion.
On August 15, 2016, Marguerite Gaston-Swanks filed her Complaint under the
Consolidated Omnibus Budget Reconciliation Act, 29 U.S.C. § 1161 and the Employee Retirement
Income Security Act, 29 U.S.C. § 1001. On September 6, 2016, Plaintiff’s counsel filed a
Statement Noting Plaintiff Marguerite Gaston-Swanks’ Death. (Dkt. 6.) The Court subsequently
granted Plaintiff’s counsel’s request for an extension to substitute a party on or before February 3,
2017. (Dkt. 12, 13.) On December 5, 2016, Latasha Swanks was appointed Administrator of the
Estate of Marguerite Gaston-Swanks. (Dkt. 16-2.) On January 30, 2017, Plaintiff’s counsel filed
the Motion seeking to substitute Latasha Swanks, as Administrator of the Estate, in place of
Marguerite Gaston-Swanks. (Dkt. 16.)
Under Federal Rule of Civil Procedure 25(a)(1), “[i]f 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.” Fed. R. Civ. P. 25(a)(1).

Here, Latasha Swanks, as Administrator of decedent’s Estate, seeks to substitute Marguerite
Gaston-Swanks as the Plaintiff in this action. Accordingly, it is
ORDERED:
1. Plaintiff’s Unopposed Motion to Substitute a Party (Dkt. 16) is GRANTED.
2. Latasha Swanks, as Administrator of the Estate of Marguerite Gaston-Swanks, is
hereby substituted as a Plaintiff in this action in place of Marguerite Gaston-Swanks.
DONE and ORDERED in Tampa, Florida, on February 1, 2017.

Copies furnished to:
Counsel of Record

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