Pyles v. Gaetz et al

Filing 61

ORDER dismissing Defendant Sauerwein with prejudice pursuant to Federal Rule of Civil Procedure 25(a)(1). See attached for details. Signed by Judge Michael J. Reagan on 12/23/2013. (jls)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHRISTOPHER PYLES,

)
)
Plaintiff,
)
)
vs.
)
)
DONALD GAETZ, WILLIAM SPILLER, )
MICHAEL
ATCHISON,
RICK )
HARRINGTON,
KIM
BUTLER, )
GLADYSE C. TAYLOR, MICHAEL P. )
RANDLE, SALVADORE GODINEZ, TY )
BATES, BRAD THOMAS, MAJORS, )
MELISSA
SAUERWEIN,
REBECCE )
CREASON, and UNKNOWN PARTIES 1 )
)
and 2,
)
)
Defendants.

Case No. 13–cv–0299–MJR–SCW

ORDER
REAGAN, District Judge:
On July 24, 2013, pursuant to Federal Rule of Civil Procedure 25(a)(1), Defendants filed a
Suggestion of Death on the Record relating to Defendant Melissa Sauerwein. That document was
served upon Plaintiff, who has failed to identify Sauerwein’s successor or representative.
If no motion for substitution is made “within 90 days after service of a statement noting [a
party’s] death, the action … against the decedent must be dismissed.” Fed. R. Civ. P. 25(a)(1);

Russell v. City of Milwaukee , 338 F.3d 662, 663 (7th Cir. 2003). Ninety days having elapsed
with no motion having been made, the undersigned DISMISSES with prejudice Plaintiff’s claims
against Defendant Melissa Sauerwein. See Russell , 338 F.3d at 663 (affirming Rule 25(a)(1)
dismissal with prejudice). The Clerk is directed to terminate Defendant Sauerwein from the
docket, and this case shall proceed only as to the other fourteen Defendants.
s/ Michael J. Reagan
MICHAEL J. REAGAN
United States District Judge

IT IS SO ORDERED.
DATE: December 23, 2013
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