O'Neal et al v. Las Vegas Metropolitan Police Department et al

Filing 98

ORDER Re: #96 and #97 Suggestion of Death. A motion for substitution must be made by February 16, 2021, or O'Neal's claims will be dismissed. Should a party be substituted in for O'Neal, that party will have 14 days from the date of substitution to file an objection to the report and recommendation. Signed by Judge Andrew P. Gordon on 11/18/2020. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:17-cv-02765-APG-EJY Document 98 Filed 11/18/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 BRYAN EDWARD O’NEAL and
KATHLEEN ROBINSON,
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Plaintiffs
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v.
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LAS VEGAS METROPOLITAN POLICE
7 DEPARTMENT, et al.,
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Case No.: 2:17-cv-02765-APG-EJY
Order Regarding Suggestion of Death

Defendants
On November 17, 2020, the defendants filed notices suggesting the death of plaintiff

10 Bryan O’Neal. ECF Nos. 96, 97. It is unclear from the defendants’ submissions when O’Neal
11 died, but it appears to have been during the week of November 9, 2020. See ECF No. 96-1 at 3
12 (stating that Kathleen Robinson phoned defense counsel on November 16 and advised that
13 O’Neal, who was her husband, had been “murdered last week”).
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Under Federal Rule of Civil Procedure 25(a)(1), when “a party dies and the claim is not

15 extinguished, the court may order substitution of the proper party. A motion for substitution may
16 be made by any party or by the decedent’s successor or representative. If the motion is not made
17 within 90 days after service of a statement noting the death, the action by or against the decedent
18 must be dismissed.” Consequently, a motion for substitution must be made by February 16,
19 2021, or I will dismiss O’Neal’s claims in this case.
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O’Neal died while the time to object to Magistrate Judge Youchah’s November 3, 2020

21 report and recommendation was still running. See ECF No. 93. Because I cannot determine
22 when O’Neal died, it is unclear to me how many days he would have had left to object to the
23 report and recommendation. Consequently, should a party be substituted in for O’Neal, that

Case 2:17-cv-02765-APG-EJY Document 98 Filed 11/18/20 Page 2 of 2

1 party will have 14 days from the date of substitution to file an objection to the report and
2 recommendation.
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DATED this 18th day of November, 2020.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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