Velez v. Dzurenda et al

Filing 125

ORDER TO SUBSTITUTE - If a motion for substitution by the decedent's successor or representative is not filed on or before Monday, April 7, 2025, Defendant Denise McKee must be dismissed from this action Signed by Magistrate Judge Craig S. Denney on 1/6/2025. (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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EDWIN VELEZ,

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Plaintiff,

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ORDER TO SUBSTITUTE

v.
DR. MICHAEL MINEV, et al.,

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Case No. 3:21-cv-00197-ART-CSD

Defendants.
Defendants Carol Alley, Kim Adamson, Michael Minev and Martin Naughton entered a
suggestion of death on the record as to Defendant Denise McKee. (ECF No. 121). Pursuant to
Federal Rule of Civil Procedure 25(a)(1), “[i]f a party dies and the claim is not extinguished, the

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court may order substitution of the proper party. A motion for substitution may be made by any

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party or by the decedent’s successor or representative. If the motion is not made within 90 days

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after service of a statement noting the death, the action by or against the decedent must be

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dismissed.” Fed. R. Civ. P. 25(a)(1). Therefore, if a motion for substitution by the decedent’s
successor or representative is not filed on or before Monday, April 7, 2025, Defendant
Denise McKee must be dismissed from this action.
IT IS SO ORDERED.
DATED: January 6, 2025.

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Craig S. Denney
United States Magistrate Judge