Knoeferl v. Cracker Barrel Old Country Store, Inc.

Filing 48

ORDER granting 47 Motion to Substitute Party. Priscilla Taveras and Bradley Knoeferl added. Linda Knoeferl terminated. Signed by Chief Judge J. Randal Hall on 7/9/2018. (pts)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

LINDA KNOEFERL,

Plaintiff,
CV 116-152
V.

CRACKER

BARREL

OLD

COUNTRY

STORE, INC,
Defendant.

ORDER

Before
Knoeferl's

the

Court

unopposed

is

Priscilla

""Motion

to

Taveras

Substitute

and
Proper

pursuant to Federal Rule of Civil Procedure 25(a).

(Doc.

46.)

On

June

6,

of

2018,

Party"

(Doc. 47.)

Plaintiff, Linda Knoeferl, died on February 25, 2018.
for Plaintiff filed a notice

Bradley

Counsel

her death on March 23,
the

Probate

Court

of

2018.

Columbia

County, Georgia, named Priscilla Taveras and Bradley Knoeferl as
Co-Temporary Administrators for

the

(Doc. 47.)

Priscilla

On

June

11,

2018,

Estate

of

Linda

Knoeferl.

Taveras and Bradley

Knoeferl filed this motion asking to be substituted as party in
place of Plaintiff.

(Id.)

Rule

25(a)

governs

substitution

of

parties

after

death.

Under Rule 25(a):

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). Linda Knoeferl died on February 25, 2018,
and her counsel noticed her death on March 23, 2018. Priscilla

Taveras

and

Bradley

Knoeferl

are

representatives

of

Linda

Knoeferl's estate and filed this motion to substitute within 90

days after the notice of death was served.
Court GRANTS the motion.

(Doc. 47.)

Accordingly, the

The Clerk SHALL TERMINATE

Linda Knoeferl as a party to this case and SUBSTITUTE Priscilla
Taveras and Bradley Knoeferl, as Co-Temporary Administrators of
the Estate of Linda Knoeferl, as plaintiffs.

ORDER ENTERED at Augusta, Georgia, this

day of July,

2018.

J. RANDAL HALL,/CHIEF JUDGI
UNITED OTATES DISTRICT COURT

-..-SOUTHERN DISTRICT OF GEORGIA