Anthony v. Georgia Department of Corrections et al
Filing
36
ORDER granting 33 Motion to Substitute Party. Terry Louis Anthony, Sr added. Terry Anthony terminated. The Court further DIRECTS the CLERK to LIFT the stay imposed by the Courts August 21st Order. Signed by Magistrate Judge Brian K. Epps on 10/24/24. (wwp)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
TERRY ANTHONY,
)
)
Plaintiff,
)
)
v.
)
)
GEORGIA DEPARTMENT OF
)
CORRECTIONS; CLIFFORD BROWN; and )
DANIEL FARMER,
)
)
Defendants.
)
_________
CV 124-080
ORDER
_________
Plaintiff, Terry Lamar Anthony, died July 18, 2024. (Doc. no. 30, p. 1; doc. no. 33,
pp. 9-10.) Plaintiff’s counsel filed a consent motion to stay the case on August 13, 2024, to
request time to file a motion to substitute a proper party in place of Plaintiff. (Doc. no. 30.)
The Court granted this motion, providing Plaintiff’s counsel until October 1, 2024, to move
to substitute a proper party. (Doc. no. 31.) Plaintiff’s counsel timely filed a Motion to
Substitute Party Plaintiff Due to Death, which included an attached notice of hearing as
required by Fed. R. Civ. P. 25(a)(3). (Doc. no. 33). Defendants filed no opposition.
Rule 25(a) governs substitution of parties after death and states:
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).
Terry Louis Anthony, Sr., Plaintiff’s father and administrator of Plaintiff’s estate, has
requested substitution as the proper plaintiff.
(Doc. no. 33, p. 2.)
As this motion is
unopposed, the Court finds there is no need for a hearing.
Accordingly, the Court GRANTS the Motion to Substitute Party Plaintiff. (Doc. no.
33.) The Court DIRECTS the CLERK to TERMINATE Terry Lamar Anthony as a party
to this case and SUBSTITUTE Terry Louis Anthony, Sr., as Administrator of the Estate of
Terry Lamar Anthony, Deceased, as Plaintiff. The Court further DIRECTS the CLERK to
LIFT the stay imposed by the Court’s August 21st Order and issues the following revised
schedule:
LAST DAY TO FURNISH EXPERT WITNESS
REPORT BY PLAINTIFF
December 11, 2024
LAST DAY TO FURNISH EXPERT WITNESS
REPORT BY A DEFENDANT
February 10, 2025
CLOSE OF DISCOVERY
March 31, 2025
JOINT STATUS REPORT 1
March 31, 2025
LAST DAY FOR FILING CIVIL MOTIONS
INCLUDING DAUBERT MOTIONS, but
EXCLUDING MOTIONS IN LIMINE
April 30, 2025
SO ORDERED this 24th day of October, 2024, at Augusta, Georgia.
On the date the discovery period expires, the parties shall file a Joint Status Report, found on the Court’s
website under Forms, Judge Epps Instructions and Forms, Civil, Joint Status Report Form - for Judge Hall
/ Judge Epps. Any extension of the discovery period automatically extends the Joint Status Report
deadline.
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