Thompson v. Union Pacific Railroad Company

Filing 38

ORDER regarding 37 Suggestion of Death. This case is stayed until April 27, 2020, pending a determination of whether the decedent's claims will be revived and further litigated by Plaintiff's estate. On or before April 27, 2020, Plaint iff's counsel shall either: 1) move to voluntarily dismiss this case; 2) file a motion to substitute Plaintiff's estate or personal representative as the named Plaintiff in this action; or, 3) file a report advising the court as to whether Plaintiff's estate intends to further litigate this action and the current status of any court proceedings (state or bankruptcy) underway that may impact the progression of this case. Absent timely compliance with this order, the claims filed by decedent may be subject to dismissal pursuant to Fed. R. Civ. P. 25(a)(1). The clerk shall set a case management deadline of May 1, 2020 to confirm compliance with this order. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NOEL E. THOMPSON,
Plaintiff,

8:18CV53

vs.
ORDER
UNION PACIFIC RAILROAD
COMPANY,
Defendant.
This matter is before the court upon the notice of death of Noel E.
Thompson, filed on January 28, 2020. (Filing No. 37). In accordance with Fed. R.
Civ. P. 25(a)(1), decedent’s successor or representative, or any party, must move
for substitution of the deceased party within 90 days after the suggestion of death
is filed. Upon the suggestion of Plaintiff's death (Filing No. 37),
IT IS ORDERED:
1)

This case is stayed until April 27, 2020, pending a determination of
whether the decedent’s claims will be revived and further litigated by
Plaintiff's estate.

2)

On or before April 27, 2020, Plaintiff's counsel shall either: 1) move
to voluntarily dismiss this case; 2) file a motion to substitute
Plaintiff's estate or personal representative as the named Plaintiff in
this action; or, 3) file a report advising the court as to whether
Plaintiff's estate intends to further litigate this action and the current
status of any court proceedings (state or bankruptcy) underway that
may impact the progression of this case.

3)

Absent timely compliance with this order, the claims filed by
decedent may be subject to dismissal pursuant to Fed. R. Civ. P.
25(a)(1).

4)

The clerk shall set a case management deadline of May 1, 2020 to
confirm compliance with this order.

Dated this 29th day of January, 2020.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge