Jo Ann Feikes VS Cardiovascular Surgery Associates Profit Sharing Plan, Trust, etal

Filing 133

ORDER Granting 128 Motion to Substitute Parties Merrilu Kutcher and Bruce E. Moore, Co-Executors of the Estate of JoAnn Feikes as Plaintiffs. Signed by Magistrate Judge George Foley, Jr on 6/30/2015. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOANN FEIKES,

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Plaintiff,
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vs.
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CARDIOVASCULAR SURGERY ASSOCIATES, )
et al.,
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Defendant.
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__________________________________________)

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Case No. 2:04-cv-01724-LDG-GWF
ORDER

This matter is before the Court on Merrilu Kutcher and Bruce E. Moore’s Motion for

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Substitution of Parties (#128), filed on May 20, 2015. Defendants filed a Limited Opposition

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(#129) on June 3, 2015. Merrilu Kutcher and Bruce E. Moore’s Reply (#132) was filed on June 26,

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2015.

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Merrilu Kutcher and Bruce E. Moore, as co-executors of the Estate of Plaintiff JoAnn

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Feikes, bring this motion to substitute themselves for JoAnn Feikes as the Plaintiff in this action.

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Ms. Feikes passed away on March 17, 2015 (#128, Exhibit A). Pursuant to Fed. R. Civ. P.

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25(a)(1), a proper party may continue to litigate a matter after the Plaintiff passes away if the claims

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survive the Plaintiff’s death. Defendants’ limited opposition only objects to the continuation of

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Plaintiff’s claim for penalties pursuant to ERISA § 502(c). Defendants do not oppose the

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substitution of the parties. The Court will grant the motion for substitution of parties pursuant to

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FRCP 25(a)(1) without making a determination of the status of Plaintiff’s claim under § 502(c).

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Accordingly,

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...

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...

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IT IS HEREBY ORDERED that Merrilu Kutcher and Bruce E. Moore’s Motion for
Substitution of Parties (#128) is granted.
DATED this 30th day of June, 2015.

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GEORGE FOLEY, JR.
United States Magistrate Judge

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