D'Agostino v. Naughton et al

Filing 14

ORDERED that the Court dismisses this case pursuant to Fed. R. Civ. P. 25(a)(1). Clerk of the Court will close the case and enter judgment accordingly. Signed by Judge Robert C. Jones on 4/28/2021. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FRANK D'AGOSTINO,

Case No. 3:20-cv-00480-RCJ-WGC

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Plaintiff,

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ORDER

v.
NAUGHTON, et al.,

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Defendants.

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I.

DISCUSSION

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On January 14, 2021, following Defendants' filing of a suggestion of death on the

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record stating that Plaintiff Frank D'Agostino (#32883) had passed away on January 3,

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2021, the Court issued an order allowing a 90-day period from the date of the order for a

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motion for substitution to be filed by any party or by the decedent’s successor or

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representative. (ECF No. 13).

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Pursuant to Federal Rule of Civil Procedure 25(a)(1), “[i]f a party dies and the claim

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is not extinguished, the court may order substitution of the proper party. A motion for

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substitution may be made by any party or by the decedent’s successor or representative.

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If the motion is not made within 90 days after service of a statement noting the death, the

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action by or against the decedent must be dismissed.” Fed. R. Civ. P. 25(a)(1).
The 90-day period has passed and there has been no motion for substitution. As

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such, the Court dismisses the case.

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that the Court dismisses this case

pursuant to Fed. R. Civ. P. 25(a)(1).

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IT IS FURTHER ORDERED that the Clerk of the Court will close the case and
enter judgment accordingly.
DATED THIS ____ day of April 2021.
28th
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ROBERT C. JONES
UNITED STATES DISTRICT JUDGE

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