YOUNG v. CITY OF NEWARK et al

Filing 28

LETTER OPINION. Signed by Judge Susan D. Wigenton on 2/16/18. (cm, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

CHAMBERS OF

MARTIN LUTHER KING COURTHOUSE
50 WALNUT ST.
NEWARK, NJ 07101
973-645-5903

SUSAN D. WIGENTON
UNITED STATES DISTRICT JUDGE

February 16, 2018
Cynthia H. Hardaway, Esq.
877 Broad Street, Suite 212
Newark, NJ 07102
Attorney for Plaintiff
Wilson D. Antoine, Esq.
City of Newark-Corporation Counsel’s Office
Law Department, Civil Litigation
920 Broad Street
Room 316
NEWARK, NJ 07102
Attorney for Defendant
The Estate of Sgt. Jerome Ramsey
LETTER OPINION FILED WITH THE CLERK OF THE COURT
Re:

Young v. City of Newark, et al.
Civil Action No. 17-1668 (SDW)(LDW)

Counsel:
Before this Court is Defendant the Estate of Sergeant Jerome Ramsey’s Motion to Dismiss
Plaintiff’s Second Amended Complaint pursuant to Federal Rule of Civil Procedure (“Rule”)
25(a). This Court having considered Defendant’s submission, noting that it is unopposed, and
having reached its decision without oral argument pursuant to Rule 78, hereby GRANTS the
Motion to Dismiss.
BACKGROUND & PROCEDURAL HISTORY
This Court assumes the parties’ familiarity with the factual and procedural history of this
matter and, therefore, sets forth only the facts necessary and relevant to its decision. Plaintiff filed
his Second Amended Complaint (“SAC”) on September 15, 2017. 1 (ECF No. 17.) On September
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In a Letter Opinion dated December 4, 2017, this Court dismissed the SAC with prejudice, including “[a]ll claims
against Defendant City [of Newark] and all state law tort claims against Defendant Ramsey.” (ECF No. 25.)
However, Plaintiff was permitted to proceed with his remaining constitutional claims against Defendant Ramsey for
false arrest, false imprisonment, and malicious prosecution. (Id.)

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28, 2017, Defendant’s counsel filed a Suggestion of Death, notifying this Court that Defendant
Ramsey died on June 17, 2017, and provided the estate administrator’s name and address. (ECF
No. 19.) Defendant Ramsey was replaced as a defendant by Charlie Crews, Administrator of the
Estate. (Id.) On January 10, 2018, Defendant filed the instant motion to dismiss. (ECF No. 27.)
Plaintiff did not oppose the motion.
DISCUSSION
Rule 25 states, in relevant part, that “if a party dies and the claim is not extinguished . . . a
motion for substitution may be made by any party.” Fed. R. Civ. P. 25(a)(1). The Rule further
provides, “[i]f the motion is not made within 90 days after service of a statement noting the death,
the action by or against the decedent must be dismissed.” Id.; see also Moore v. Franklin Cty.,
No. 1:16-CV-2270, 2017 U.S. Dist. LEXIS 204149, at *26 (M.D. Pa. Dec. 11, 2017) (citing Fed.
R. Civ. P. 25(a)). Here, counsel for the estate properly notified Plaintiff of Mr. Ramsey’s death
by serving Plaintiff with a Suggestion of Death on September 28, 2017. Plaintiff had until
December 27, 2017 (ninety days from service) to file a motion for substitution. Because Plaintiff
did not move to substitute pursuant to Rule 25, and because the Rule mandates the dismissal of
claims after ninety days have passed, Plaintiff’s remaining claims against the Estate of Sergeant
Jerome Ramsey will be dismissed.
CONCLUSION
For the reasons set forth above, Defendant’s Motion to Dismiss is GRANTED. An
appropriate order follows.

/s/ Susan D. Wigenton
SUSAN D. WIGENTON, U.S.D.J.

Orig:
cc:

Clerk
Leda D. Wettre, U.S.M.J.
Parties

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