Thomas v. State of Illinois et al

Filing 40

ORDER re 38 Suggestion of Death, 39 Motion to Stay filed by Mr Vaughn, Russel Goins, Lt Stanford, Randle Bayler, Officer Fisher, Lt Stuck. Defendants shall file a report or other documentation by October 10, 2012. [Action due by 10/10/2012]. Signed by Judge Michael J. Reagan on 9/19/12. (caa)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LAMONT THOMAS, #N11528,

)
)
Plaintiff,
)
)
v.
) Case No. 11-CV-0571-MJR
)
RANDLE BAYLER, LT. STANFORD, )
LT. STUCK, RUSSEL GOINS, MR. )
VAUGHN, OFFICER FISHER, JULIE )
)
MORRIS and MS. BROOKS,
)
Defendants.
)
MEMORANDUM AND ORDER
REAGAN, District Judge:
On September 19, 2012, Defendants filed a Suggestion of Death
upon the record as to Plaintiff Lamont Thomas and a motion to stay (Docs.
38, 39). Federal Rule of Civil Procedure 25(a)(1) provides as follows:
Substitution if the Claim Is Not Extinguished. 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.
The record shows that Defendants mailed a copy of the
Suggestion of Death to Velma Thomas, who the Court assumes is Lamont
Thomas’s next of kin.

Because the Suggestion of Death is served in the

same manner as a motion to substitute, a nonparty must be personally
served.

1

Consequently, the Court RESERVES RULING on Defendants’
motion to stay (Doc. 39) to allow Defendants to inform the Court whether
mailing the Suggestion of Death is sufficient to constitute personal service
and the Certificate of Service is adequate evidence thereof or, if necessary,
to effectuate personal service upon Ms. Thomas and provide proof to the
Court that service has been achieved. Defendants shall file a report or other
documentation with the Court by October 10, 2012.
IT IS SO ORDERED.
DATED this 19th day of September, 2012
s/Michael J. Reagan
MICHAEL J. REAGAN
United States District Judge

2