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)

Download PDF
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. 1 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?