Norwood v. Wexford Health Sources, Inc. et al

Filing 35

ORDER re 34 Suggestion of Death filed by Mearl Justus: in accordance with Fed. R. Civ. P. 25(a), the Parties shall have 90 days from the date of service of the Suggestion of Death to file a motion for substitution of party. Signed by Chief Judge David R. Herndon on 11/13/2009. (seg)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS DEMETRICE NORWOOD, by his next friend and mother, LINDA REDDEN, Plaintiff, v. WEXFORD HEALTH SOURCES, INC., et al., Defendants. Case No. 08-cv-599-DRH

ORDER HERNDON, Chief Judge: For purposes of case management, the Court acknowledges that on November 11, 2009, defendant Mearl Justus filed a Statement Noting a Party's Death (Doc. 34), which notes the death of defendant Brenda Cole (named in the suit as "Lieutenant Cole") during the pendency of this action. Federal Rule of Civil

Procedure 25(a) provides that a motion for substitution of party must be made within 90 days of the service of a statement noting a party's death. Accordingly, any and all Parties to this case shall have 90 days from the date of service of said Statement Noting a Party's Death (Doc. 34) to file a motion for substitution of defendant Brenda Cole (a.k.a. "Lieutenant Cole"). If no motion is

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timely filed, Plaintiff's claims against defendant Cole shall be dismissed with prejudice. IT IS SO ORDERED. Signed this 13th day of November, 2009. /s/ DavidRHer|do|

Chief Judge United States District Court

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