EMENHEISER v. DAVIDSON HOTEL COMPANY, INC.

Filing 28

ORDER OF DISMISSAL GRANTING 24 Motion to Dismiss by Defendant. Case is DISMISSED without prejudice. Signed by CHIEF JUDGE STEPHAN P MICKLE on 2/24/2010. (jws)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION EDITH EMENHEISER, Plaintiff, v. DAVIDSON HOTEL COMPANY, LLC., a Foreign Limited Liability Company, Defendant. _______________________________/ ORDER OF DISMISSAL This cause comes before the Court on Defendant's motion to dismiss (doc.24) under Federal Rule of Civil Procedure 25(a)(1) for failure to file a motion to substitute within 90 days of the suggestion of Plaintiff's death. Plaintiff's response (doc. 27) states that no one is presently qualified to substitute as a party and that counsel therefore has no objection to dismissal. Accordingly, it is ORDERED AND ADJUDGED: 1. 2. 25(a)(1). DONE AND ORDERED this 24th day of February, 2010. The motion to dismiss (doc. 24) is granted. This case is dismissed without prejudice under Fed. R. Civ. P. CASE NO.: 1:09CV142-SPM/AK

s/ Stephan P. Mickle
Stephan P. Mickle Chief United States District Judge