McCall v. Las Vegas Metropolitan Police Department et al

Filing 89

ORDER granting 88 Motion to Substitute Lakeisha McCall as Administrator/Plaintiff. Signed by Magistrate Judge Elayna J. Youchah on 10/16/2020.; (Copies have been distributed pursuant to the NEF - DRS)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 DARIUS MCCALL, 5 Plaintiff, 6 7 8 Case No. 2:18-cv-01319-APG-EJY ORDER v. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, et al., Defendants. 9 10 Before the Court is Lakiesha McCall’s Motion to Substitute Administrator as the Plaintiff. 1 11 ECF No. 88. Lakiesha McCall represents she is the Administrator of the Estate of Plaintiff Darius 12 McCall. Id. at 2; see also ECF No. 88-1 (Eighth Judicial District Court Order appointing Lakiesha 13 McCall as Administrator of Darius McCall’s Estate). 14 Fed. R. Civ. P. 25(a)(1) provides that a motion for substitution of parties must be brought 15 within ninety days after service of a statement noting a party’s death. On July 22, 2020, Plaintiff’s 16 counsel filed a Suggestion of Death on the record, advising the Court that Darius McCall passed 17 away on July 13, 2020. ECF No. 82. On October 7, 2020, less than ninety days after the Suggestion 18 of Death was submitted, Lakiesha McCall timely filed her Motion to Substitute. ECF No. 88. 19 Accordingly, 20 IT IS HEREBY ORDERED that Lakiesha McCall’s Motion to Substitute Administrator as 21 the Plaintiff (ECF No. 88) is GRANTED. 22 DATED THIS 16th day of October, 2020. 23 24 ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE 25 26 27 28 1 The Court made typographical changes to the title of Lakiesha McCall’s Motion for the sake of clarity. 1

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