Robinson v. MV Transportation, Inc.

Filing 70

ORDER Granting 66 Motion to Substitute Party. Signed by Magistrate Judge Brenda Weksler on 8/30/2021. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:17-cv-01491-RFB-BNW Document 66 Filed 08/09/21 Page 1 of 4
70
08/30/21
3

1
2
3
5
6
7

IAN C. ESTRADA, ESQ.
Nevada Bar No. 12575
RICHARD HARRIS LAW FIRM
801 South Fourth Street
Las Vegas, Nevada 89101
Phone: [phone]
Fax: [phone]
E-Mail: [e-mail]
Attorneys for Plaintiff

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11

TONIE ROBINSON,

12

CASE NO.:

2:17-cv-01491-RFB-PAL

Plaintiff,

13

vs.

MOTION TO SUBSTITUTE PARTY

14
15
16

MV TRANSPORTATION, INC.; DOE BUS
OPERATOR; DOE BUS DRIVER; DOES IX; and ROE CORPORATIONS I-X,
inclusive,

17

Defendants.

18
19

Ian C. Estrada, Esq., counsel for deceased Plaintiff, Tonie Robinson, the deceased’s

20

surviving spouse, James Robinson, hereby move this Court to substitute Robert O. McMaster as

21

Plaintiff in this matter.

22

This Motion is made and based on the papers and pleadings on file herein, the following

23

Memorandum of Points and Authorities, and any oral argument by counsel at the time of any

24

hearing on this Motion.

25

///

26

///

27

///

28

///

1

Case 2:17-cv-01491-RFB-BNW Document 66 Filed 08/09/21 Page 2 of 4
70
08/30/21
3

MEMORANDUM OF POINTS AND AUTHORITIES

1
2

I.

INTRODUCTION

3

Plaintiff Tonie Robinson died on November 23, 2018. On August 4, 2021, the Court

5

denied Defendant MV Transportation, Inc.’s Motion to Dismiss and granted an extension of

6

time, until August 9, 2021, for Plaintiff to file a Motion to Substitute Party.

7

Pursuant to this Court’s August 4, 2021 Order as well as FRCP 25, the surviving spouse

8

and legal heir of Plaintiff Tonie Robinson, James Robinson, moves the Court to substitute Robert

9

O. McMaster, the Petitioner for Special Administration of the Estate of Tonie Robinson to be

10

substituted into this matter as Plaintiff.

11

II.

STATEMENT OF FACTS

12

On August 4, 2021, this Court denied Defendant MV Transportation’s Motion to Dismiss

13

for failure to substitute a party in place of decedent, Tonie Robinson. The Court’s Minute Order

14

denied the Motion without prejudice, finding that “there is excusable neglect in this case. The

15

Court finds that the parties continued to have intermittent contact about this case and the failure

16

to file the motion was an inadvertent oversight.”

17

undersigned’s Motion to Extend Time to substitute party.

Therefore, the Court also granted the

18

On August 9, 2021, Robert O. McMaster filed a Petition for Special Letters of

19

Administration in the Eighth Judicial District Court of Nevada, Clark County to be named as the

20

Special Administrator of the Estate of Tonie Robinson for purposes of continuing this litigation

21

as a survival claim on behalf the estate pursuant to NRS 41.100. See Exhibit 1. This Motion

22

will be supplemented with the Order Granting Petition and the Letters of Special Administration

23

immediately upon receipt of the same.

24

III.

LEGAL ARGUMENT

25

Pursuant to FRCP 25, Plaintiff Tonie Robinson’s surviving spouse and legal heir, James

26

Robinson, and Petitioner for Special Administration of the Estate of Tonie Robinson, Robert O.

27

McMaster, request that this Court substitute Robert O. McMaster as Plaintiff in this matter.

28

2

Case 2:17-cv-01491-RFB-BNW Document 66 Filed 08/09/21 Page 3 of 4
70
08/30/21
3

1

Alternatively, Mr. Robinson and Mr. McMaster request that the Court extend the

2

deadline for the estate to be substituted into this matter for 45 days to allow time for the Eighth

3

Judicial District Court of Nevada to review Mr. McMaster’s Petition and to enter the Order and

5

Letters of Special Administration.

6

IV.

CONCLUSION

7

Based on the foregoing, the Court should enter an order substituting Robert O. McMaster

8

as Plaintiff in this matter if this Motion is supplemented with the Order and Letters of Special

9

Administration prior to the Court’s ruling on this matter. Alternatively, the Court should grant

10

a 45 day extension of time to allow the undersigned to obtain an Order and Letters of Special

11

Administration with Plaintiff to file a status update with the Court on the 45th day if the Order

12

and Letters are not yet obtained.

13
14

DATED this 9th day of August, 2021
RICHARD HARRIS LAW FIRM

15
16
17
18
19

/s/ Ian C. Estrada
___________________________
IAN C. ESTRADA, ESQ.
Nevada Bar No. 12575
801 South Fourth Street
Las Vegas, NV 89101
Attorneys for Plaintiff and Heir, James Robinson

20
21
22
23

Order
IT IS ORDERED that ECF No.
66 is GRANTED as unopposed
under LR 7-2(d).

24

IT IS SO ORDERED

25

DATED: 3:52 pm, August 30, 2021

26
27
28

BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

3