Brown v. Meritor, Inc. et al

Filing 102

ORDER finding as moot 92 Motion to Dismiss; CASE CLOSED. Signed by District Judge Debra M. Brown on 11/27/19. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
FREDDIE JONES, Co-Executor of Estate
of Fred Brown, Deceased, et al.

PLAINTIFFS

V.

NO. 4:18-CV-37-DMB-JMV

MERITOR, INC., et al.

DEFENDANTS

ORDER
On November 5, 2019, Textron, Inc., filed a joint motion to dismiss “with prejudice all of
Plaintiff’s claims that have been asserted in this action, or that could have been asserted in this
action, against [Textron] only.” Doc. #92. The motion was purportedly joined by then-plaintiff
Fred Brown. Id. at 2. On November 8, 2019, Brown’s former counsel filed a motion representing
that Brown died on May 9, 2019, and seeking to substitute as plaintiffs Freddie Jones and Valerie
Bradford, the co-executors of Brown’s estate. Doc. #97. The motion represents that following
substitution, “counsel for the substituted plaintiffs and counsel for the defendants will file a valid
and binding Stipulation of Dismissal.” Id. at 2. The motion to substitute was granted by United
States Magistrate Judge Jane M. Virden on November 25, 2019. Doc. #100.
Because Brown was deceased at the time the motion was filed, he lacked capacity to join
the motion. See Rowland v. GGNSC Ripley, LLC, No. 3:13-cv-11, 2015 WL 5197565, at *2–3
(N.D. Miss. Sep. 4, 2015). However, after substitution, the parties filed a stipulation dismissing
all claims with prejudice. Doc. #101. Accordingly, the motion to dismiss [92] is DENIED as
moot. This case is CLOSED.
SO ORDERED, this 27th day of November, 2019.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE