Bredthauer

Filing 173

ORDER regarding (172) Suggestion of Death in case 4:10-cv-03132-JFB-TDT; (159) Suggestion of Death in case 4:10-cv-03139-JFB-TDT; (130) Suggestion of Death in case 8:10-cv-00326-JFB-TDT - On or before September 4, 2012, the plaintiffs shall fil e a motion for substitution of parties, if appropriate, in accordance with the provisions of Rule 25, or file a motion to voluntarily dismiss Joyce Person Pocras as a defendant in this action, in accordance with Rule 41(a). If the plaintiffs fail to comply with this order the defendant Joyce Person Pocras may be dismissed as a party, without further notice, pursuant to Rule 41 (b). Member Cases: 4:10-cv-03132-JFB-TDT, 4:10-cv-03139-JFB-TDT, 8:10-cv-00326-JFB-TDT Ordered by Magistrate Judge Thomas D. Thalken. (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SUSAN E. BREDTHAUER, et al.,
Plaintiff,
vs.
GILBERT G. LUNDSTROM, et al.,
Defendants,
and
RONALD A. LAIRD, et al.,
Plaintiff,
vs.
GILBERT G. LUNDSTROM, et al.,
Defendants,
and
SUSAN BARKER, et al.,
Plaintiff,
vs.
SAMUEL P. BAIRD, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

4:10CV3132
ORDER

4:10CV3139
ORDER

8:10CV326
ORDER

This matter is before the court upon the notice of the death of one of the
defendants, Joyce Person Pocras.

See Filing No. 172, in case 4:10CV3132.

In

accordance with Federal Rule of Civil Procedure 25(a)(1), the plaintiffs have 90 days “after
service of a statement noting the death” to move for substitution of the deceased party, if
the claim is not automatically extinguished, or the action shall be dismissed against the
deceased party. In this case, on June 4, 2012, the counsel for Ms. Pocras filed a

statement notifying the court and counsel of record of Ms. Pocras’ death. See Filing No.
172, in case 4:10CV3132. Accordingly,

IT IS ORDERED:
On or before September 4, 2012, the plaintiffs shall file a motion for substitution
of parties, if appropriate, in accordance with the provisions of Rule 25, or file a motion to
voluntarily dismiss Joyce Person Pocras as a defendant in this action, in accordance with
Rule 41(a). If the plaintiffs fail to comply with this order the defendant Joyce Person
Pocras may be dismissed as a party, without further notice, pursuant to Rule 41(b).
DATED this 4th day of June, 2012.
BY THE COURT:

s/Thomas D. Thalken
United States Magistrate Judge

2