Engel v. Buchan et al

Filing 247

MEMORANDUM ORDER Signed by the Honorable Milton I. Shadur on 1/22/2013. Mailed notice by judge's staff. (srb,)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

GARY ENGEL,
Plaintiff,
v.
ROBERT BUCHAN, et al.,
Defendants.

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Case No. 10 C 3288

MEMORANDUM ORDER
When counsel for plaintiff advised that a substitution was contemplated, pursuant to
Fed. R. Civ. P. ("Rule") 25(a)(1), naming as plaintiff a personal representative in place of the
now-deceased Gary Engel, Government counsel surprisingly (at least to this Court) stated the
possibility of opposing that motion. This Court immediately ordered counsel for defendant
Robert Buchan -- Government counsel -- to provide citations to any caselaw that might
conceivably justify any such opposition.
In response Government counsel backwatered by filing a statement that "[n]either the
Government nor defendant Buchan anticipates opposing substitution motions made under the
appropriate rule by a personal representative of Gary Engel." Then, in an obvious effort to save
face in connection with counsel's earlier-indicated reservations on the subject, the Government
cited to a wholly irrelevant district court ruling – one in which (unlike this case) the entire case
had been the subject of a final order that was then pending on appeal before our Court of
Appeals, so that there had been a total loss of jurisdiction at the District Court level.
In any event, plaintiff's counsel has now served notice of presentment of the proposed

Rule 25 substitution motion. In doing so, counsel's notice of motion refers to the earlier
backtracking by counsel for Buchan and the United States stating that they do not intend to
oppose the motion. It will of course be granted without need for any appearance, and this Court
trusts that in future the Government counsel will think before speaking to avoid the waste of time
and effort that they caused here.

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Milton I. Shadur
Senior United States District Judge
Date: January 22, 2013

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