Thomas v. Patten/Jenkins BR Popeye's, L.L.C.

Filing 16

ORDER AND RULING granting 15 Ex Parte MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 25(A)(1), and the above-captioned action is DISMISSED WITH PREJUDICE. Signed by Chief Judge Brian A. Jackson on 2/12/2016. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
DEBORAH THOMAS

CIVIL ACTION

VERSUS
PATTEN/JENKINS BR POPEYE’S,
LLC

NO.:15-00255-BAJ-RLB

ORDER AND RULING
Before the Court is an Ex Parte Motion to Dismiss Pursuant to Federal
Rule of Civil Procedure 25(a)(1) (Doc. 15), filed by Defendant Patten/Jenkins
BR Popeyes, LLC, seeking a dismissal pursuant to Federal Rule of Civil Procedure
(“Rule”) 25(a)(1). Rule 25(a)(1) provides:
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.
On October 1, 2015, counsel for Plaintiff Deborah Thomas filed a Suggestion
of Death Upon the Record (Doc. 14), notifying the Court of Plaintiff’s death on or
about September 24, 2015. Since the notice was filed, more than 90 days have
elapsed and a motion for substitution has not been filed by any party or by the
decedent’s successor or representative.

Accordingly,
IT IS ORDERED that Defendant’s Ex Parte Motion to Dismiss
Pursuant to Federal Rule of Civil Procedure 25(a)(1) (Doc. 15) is
GRANTED.
IT

IS

FURTHER

ORDERED

that

the

above-captioned

action

is

DISMISSED WITH PREJUDICE.

Baton Rouge, Louisiana, this 12th day of February, 2016.

______________________________________
BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA