Roman v. Chase et al

Filing 45

ORDER DISMISSING CASE re 44 Notice of Death as to Plaintiff Ed Roman. Signed by Judge James C. Mahan on 4/19/12. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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2:09-CV-1476 JCM (VCF)

ED ROMAN,
Plaintiff,
v.
BERNIE (BERNARD) CHASE, et al.,

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Defendants.

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ORDER
Presently before the court is the case of Roman v. Chase, et. al., case number 2:09-cv-1476-

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JCM-VCF.

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On December 19, 2011, pursuant to Federal Rule of Civil Procedure 25(a), defendants Bernie
Chase and Chris Andreoli filed a notice of death of plaintiff Ed Roman. (Doc. #44).

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Federal Rule of Civil Procedure 25(a) states:

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If a party dies and the claim is not extinguished, the court may order substitution of
the proper party. A motion for substitution may be made by any party or by the
decedent’s successor or representative. If the motion is not made within 90 days after
service of a statement noting the death, the action by or against the decedent must be
dismissed.

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To date, a motion for substitution has not been filed with the court. Therefore, pursuant to
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Federal Rule of Civil Procedure 25(a), the action “must be dismissed.”
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Accordingly,
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...
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...
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James C. Mahan
U.S. District Judge

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the above-captioned case
be, and the same hereby is, DISMISSED.
DATED April 19, 2012.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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