MCDONOUGH et al v. PORTLAND POLICE DEPARTMENT et al

Filing 25

ORDER OF DISMISSAL as to defendant decedent John McDonough By JUDGE D. BROCK HORNBY. (jib)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
SHARILYNE McDONOUGH
MICHAEL McDONOUGH,

AND

PLAINTIFFS
V.

PORTLAND POLICE DEPARTMENT,
ET AL.,
DEFENDANTS

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CIVIL NO. 2:16-CV-579-DBH

ORDER OF DISMISSAL
According to Fed. R. Civ. P. 25(a)(1), “If the motion [for substitution] is not
made within 90 days after service of a statement noting the death [of a party],
the action . . . against the decedent must be dismissed.”

In this case, a

Statement of Death of the defendant John McDonough was electronically filed
with the Court on April 14, 2017, and accordingly resulted in electronic service
on all the remaining parties. Since no motion for substitution has been filed and
more than 90 days have elapsed, the action against the defendant decedent John
McDonough is hereby DISMISSED.
SO ORDERED.
DATED THIS 14TH DAY OF JULY, 2017
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE