Wade v. Haida et al

Filing 25

MEMORANDUM AND ORDER DISMISSING CASE without prejudice. Signed by Judge J. Phil Gilbert on 1/28/2014. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ADRIAN BUFORD WADE,
Plaintiff,
Case No. 13-cv-769-JPG-PMF

vs.
ROBERT HAIDA, et al.,
Defendants.

MEMORANDUM AND ORDER
Before the Court is the “Suggestion of Death” (Doc. 18) filed by defendants Kenneth Clayton
and Philips McLaurin on October 2, 2013, indicating the death of plaintiff Adrian Buford Wade on
September 11, 2013. On October 7, 2013, the Court entered an order (Doc. 19) (1) giving leave for
Wade’s successor(s) or representative(s) to file a motion for substitution within 90 days pursuant to
Federal Rule of Civil Procedure 25(a)(1); and (2) directing the Clerk of Court to mail a copy of the
order to “Next of Kin of Adrian Buford Wade” at Wade’s last known address.
Federal Rule of Civil Procedure 15 provides that upon the death of a party, if the claim is not
extinguished, there may be a substitution of parties, made by any party or by the decedent’s
successor or representative. Fed. R. Civ. P. 25(a)(1). A motion for substitution must be made within
90 days after the death is suggested upon the record or the action must be dismissed. Id. Wade’s
successor(s) or representative(s) have failed to file such a motion. Accordingly, this case is
DISMISSED without prejudice.
IT IS SO ORDERED.
DATED: January 28, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE