Derr et al v. Annett Holdings, et al

Filing 35

MEMORANDUM AND ORDER regarding SUGGESTION OF DEATH 34 filed by Shawn Derr. On or before May 28, 2014, the decedent's successor or representative, or the remaining plaintiff, shall file a motion for substitution. If the motion for substitution is not timely filed, the claims of the decedent may be subject to dismissal pursuant to Fed. R. Civ. P. 25(a)(1). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SHAWN DERR, JEFF DERR,
Plaintiffs,

4:13CV03078

vs.
MEMORANDUM AND ORDER
BOBBY GROVE, ANNETT HOLDINGS,
Inc.;
Defendants.
This matter is before the court upon the notice of death of one of the plaintiffs,
Shawn Derr. (Filing No. 34). In accordance with Fed. R. Civ. P. 25(a)(1), the decedent’s
successor or representative, or the remaining plaintiff, must move for substitution of the
deceased party within 90 days after the suggestion of death is filed. In this case, counsel
for Mrs. Derr filed the “suggestion of death” on February 27, 2014. Accordingly,

IT IS ORDERED:
On or before May 28, 2014, the decedent’s successor or representative, or the
remaining plaintiff, shall file a motion for substitution. If the motion for substitution is
not timely filed, the claims of the decedent may be subject to dismissal pursuant to Fed.
R. Civ. P. 25(a)(1).

Dated this 10th day of March, 2014.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge