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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DARIUS MCCALL,

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Plaintiff,

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Case No. 2:18-cv-01319-APG-EJY

ORDER

v.
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,
Defendants.

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Before the Court is Lakiesha McCall’s Motion to Substitute Administrator as the Plaintiff. 1

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ECF No. 88. Lakiesha McCall represents she is the Administrator of the Estate of Plaintiff Darius

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McCall. Id. at 2; see also ECF No. 88-1 (Eighth Judicial District Court Order appointing Lakiesha

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McCall as Administrator of Darius McCall’s Estate).

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Fed. R. Civ. P. 25(a)(1) provides that a motion for substitution of parties must be brought

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within ninety days after service of a statement noting a party’s death. On July 22, 2020, Plaintiff’s

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counsel filed a Suggestion of Death on the record, advising the Court that Darius McCall passed

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away on July 13, 2020. ECF No. 82. On October 7, 2020, less than ninety days after the Suggestion

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of Death was submitted, Lakiesha McCall timely filed her Motion to Substitute. ECF No. 88.

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Accordingly,

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IT IS HEREBY ORDERED that Lakiesha McCall’s Motion to Substitute Administrator as

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the Plaintiff (ECF No. 88) is GRANTED.

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DATED THIS 16th day of October, 2020.

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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The Court made typographical changes to the title of Lakiesha McCall’s Motion for the sake of clarity.
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