JAN BURGESS, and all 1,703 individuals identified in the Burgess FTCA Administrative Complaint v. UNITED STATES OF AMERICA

Filing 164

OPINION and ORDER GRANTING 160 MOTION FOR SUBSTITUTION OF PARTY UNDER FEDERAL RULE OF CIVIL PROCEDURE 25(D) Signed by District Judge Linda V. Parker. (AFla)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
In re FTCA Flint Water Cases
Civil Case No. 4:17-cv-11218
(Consolidated)
_________________________/
This Order Relates to:

Honorable Linda V. Parker
United States District Judge

Anderson, et al. v. United States

OPINION AND ORDER GRANTING MOTION FOR SUBSTITUTION OF
PARTY UNDER FEDERAL RULE OF CIVIL PROCEDURE 25(d)
On June 28, 2021, Proposed Plaintiff, Kathleen Seniff, as Personal
Representative of the Estate of Leo George Seniff, Jr., filed a motion to substitute
as a plaintiff for Leo George Seniff, Jr., due to his death on November 4, 2019.
Pursuant to Federal Rule of Civil Procedure 25(a)(3), a Notice of Party
Death was filed in this action on June 14, 2021. (ECF No. 154.) The Genesee
County Probate Court appointed Kathleen Seniff, the wife of Mr. Seniff, as
personal representative of his estate on April 9, 2021. (ECF No. 160-5.) Proposed
Plaintiff then filed the pending motion. In the motion, Proposed Plaintiff asserts
that Mr. Seniff’s “claim(s) . . . regarding property damage, or economic loss
incurred by him due to exposure to contaminated water received from the Flint
Water Treatment Plant or legal liability for the payment of bills for such water

between April 25, 2015 and today, survive his death.” (ECF No. 160 at Pg ID
3445, ¶ 9.)
The Government does not object to Proposed Plaintiff’s substitution. (ECF
No. 163.) The Government requests, however, that Proposed Plaintiff amend the
allegations for Mr. Seniff’s Federal Tort Claims Act claim in the operative
complaint in Anderson v. United States. (Id.) As the substitution does not change
the claims previously asserted by Mr. Seniff but merely the name in which they are
brought, the Court does not find a need to require a further amendment of the
current pleading.
Accordingly,
IT IS ORDERED that the Motion for Substitution of Party under Federal
Rule of Civil Procedure 25(d) (ECF No. 160) is GRANTED;
IT IS FURTHER ORDERED that Kathleen Seniff, as the Personal
Representative of the Estate of Leo George Seniff, Jr., is substituted for Leo
George Seniff, Jr.
IT IS SO ORDERED.

s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: December 9, 2021