United States, Ex Rel: Kelly Nicole Wuestenhoefer v. Jefferson et al

Filing 78

ORDER granting 67 Motion to Substitute Party. The clerk shall promptly amend the record of this case to reflect the substitution. Signed by Jane M Virden on 4/18/13. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION

UNITED STATES OF AMERICA, EX. REL.
KELLY NICOLE WUESTENHOEFER
VS.

PLAINTIFF
CIVIL ACTION NO. 4:10cv012-M-V

A.J. JEFFERSON (a/k/a Ann Jefferson)
individually, et al.

DEFENDANTS

ORDER
Before the court is Defendant A.J. Jefferson’s Motion to Substitute [67]. The court has
considered the motion and Plaintiff’s response in opposition and has determined that the motion
is well-taken and should be granted.
Jefferson brings the instant motion pursuant to FED.R.CIV.P. 25(d), seeking an order
substituting Patricia Logan, the current Executive Director of South Delta Regional Housing
Authority (“SDRHA”), in her official capacity as a party-defendant in the place of A.J. Jefferson,
the former Executive Director, in her official capacity. Plaintiff argues against substitution,
contending that it is unnecessary in this instance and would ultimately confuse a jury. The Court
disagrees with Plaintiff on both points, however. First, though Rule 25(d) provides that
substitution under the circumstances presented here is automatic and that the absence of an order
of substitution does not affect said substitution, the rule, nevertheless, provides that “[l]ater
proceedings should be in the substituted party’s name.” Plaintiff has not presented any legal
authority which supports ignoring this language. Next, the court is not persuaded that
disallowing formal substitution would prove to be any less confusing than allowing it, especially

since in the case of either Jefferson or Logan, said parties named in their official capacities are
essentially nominal defendants named in order to pursue damages collectible from SDRHA.
Finally, given the rule’s direction that the case proceed in the name of the automatically
substituted party, it strikes the court as perhaps more confusing to a jury to have the parties,
counsel and court do as the rule directs, while the style of the case reflects something different.
Accordingly, it is,
THEREFORE, ORDERED:
1. That Jefferson’s Motion to Substitute [67] is hereby GRANTED, and Patricia Logan
in her official capacity as Executive Director of South Delta Regional Housing Authority is
substituted in the place of A.J. Jefferson in her official capacity as Executive Director of South
Delta Regional Housing Authority (A. J. Jefferson to remain named as a defendant in her
individual capacity);
2. That the Clerk shall promptly amend the record of this case to reflect the foregoing
substitution.
This 18th day of April, 2013.

/s/ Jane M. Virden
JANE M. VIRDEN
UNITED STATES MAGISTRATE JUDGE

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