Andrus v. Crowley et al

Filing 26

MEMORANDUM RULING re 22 REPORT AND RECOMMENDATIONS re 18 MOTION to Substitute Party Plaintiff filed by Jarai R Andrus. Signed by Judge Robert G James on 6/4/2018. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
JARAI R. ANDRUS

CIVIL ACTION NO. 6:15-cv-02569

VERSUS

UNASSIGNED DISTRICT JUDGE

CITY OF CROWLEY, ET AL.

MAGISTRATE JUDGE HANNA

RULING
Pending before the Court is a Motion to Substitute Party Plaintiff, filed by counsel for
Plaintiff. [Doc. No. 18]. On April 17, 2018, the Magistrate Judge issued a Report and
Recommendation (“R&R”) recommending the motion be denied and that Plaintiff’s claims be
dismissed sua sponte in light of all parties’ failure to comply with the Court’s Order requiring the
submission of status reports, all parties’ failure to comply with the notice and service requirements
of Fed. R. Civ. P. 25, and Plaintiff counsel’s failure to properly support his Motion to Substitute
Party Plaintiff. [Doc. No. 22 at 8]. Counsel for Plaintiff has filed objections to the report and
recommendation, and counsel for Defendants has filed a response thereto. [Doc. Nos. 24 & 25]. In
his objections to the R&R, counsel for Plaintiff explains the difficulty he has had in locating and
conferring with the proper substitute Plaintiff and obtaining the appropriate documents from state
court to support his motion. Counsel additionally attaches to his objection documents which
purportedly resolve the deficiencies in his motion identified by the Magistrate Judge.1
In light of the foregoing submission, the Court DECLINES to dismiss this case sua sponte
at this time. However, counsel for Plaintiff is CAUTIONED that future dilatory conduct will subject
him to sanctions, including dismissal of this matter. Additionally, this matter is REMANDED to the
1

See Doc. No. 24-1 (signed Letters of Curatorship), and Doc. No. 24-2 (Affidavit of Death and
Heirship); see also Doc. No. 25-2 at 4 (Signed Order appointing Succession Representative and Tutor).

Magistrate Judge to reconsider Plaintiff’s Motion to Substitute Party Plaintiff in light of the new
submissions filed into the record in this matter.
Signed at Monroe, Louisiana, this 4th day of June, 2018.