Stewart v. Mr. Berkebile et al

Filing 215

ORDER DISMISSING CASE. Signed by Judge Brian Morris on 11/30/2022. (TAG) Modified on 12/1/2022 to correct signing date (TAG).

Case 4:15-cv-00089-BMM Document 215 Filed 12/01/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
LAURENCE STEWART,

CV 15-00089-GF-BMM

Plaintiff,
ORDER
vs.
MR. BERKEBILE, MS. ARNOLD, MR.
SPIEGLE, and MR. WEAVER,
Defendants.
Plaintiff/Appellant Laurence Stewart died while this matter was on appeal.
The Ninth Circuit issued an order explaining that a personal representative must file
a motion to be substituted as a party for Stewart, pursuant to Fed. R. App. P. 43(a)(1).
No personal representative appeared, and the Ninth Circuit dismissed the appeal as
to certain parties. Defendant/Appellant Weaver continued with his appeal. (Doc. 214
at 5.)
The Ninth Circuit vacated this Court’s order denying summary judgment, the
jury verdict, the clerk’s judgment, and the award of costs on September 19, 2022.

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Case 4:15-cv-00089-BMM Document 215 Filed 12/01/22 Page 2 of 3

Stewart v. Berkebile, Memorandum opinion, No. 19-36106, (9th Cir. September 19,
2022 (Doc. 210.) The Ninth Circuit remanded for further proceedings.
The Court directed Defendants to propose the proper resolution of the matter.
(Doc. 212.) Defendants suggest that, as no personal representative has appeared on
behalf of Plaintiff Stewart, the matter should be dismissed on justiciability grounds
and pursuant to Fed. R. Civ. P. 25. (Doc. 214 at 2.)
Rule 25(a) provides a method for substitution of parties should a party die
during litigation. The Court must dismiss the matter if a personal representative does
not move for substitution within ninety days of a notice of death. No personal
representative has appeared following the suggestion of death filed in the Ninth
Circuit on May 18, 2020.
The jurisdiction of federal courts requires the existence of a “case or
controversy” under Article III of the Constitution. See, e.g., Public Util. Comm’n v.
F.E.R.C., 100 F.3d 1451, 1458 (9 Cir. 1996). A claim is moot and not justiciable
when the action “has lost its character as a present, live controversy.” American
Rivers v. National Marine Fisheries Serv., 126 F.3d 1118, 1123 (9th Cir. 1997).
Without a plaintiff, this matter is no longer justiciable.

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Case 4:15-cv-00089-BMM Document 215 Filed 12/01/22 Page 3 of 3

ORDER
Accordingly, IT IS HEREBY ORDERED that:
This matter is DISMISSED. The Clerk of Court is directed to enter judgment
pursuant to Fed. R. Civ. P. 58.
DATED this 30th day of November, 2022.

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