Dumpson, et al v. Goord, et al

Filing 113

ORDER re 110 Suggestion of Death filed by Thomas A. Coughlin, III, 111 Suggestion of Death filed by James Meck - extending the time to make a motion for substitution of the representatives to 90 days following the date on which the identity and a ddress for each representative is provided to the plaintiffs and directing the plaintiff to prepare any U.S. Marshal forms necessary for service of a copy of the motion for substitution upon the representative unless the representative indicates that service may be made by other means. Signed by Hon. Charles J. Siragusa on 2/18/09. (MWP) Additional attachment added to replace for corrected document on 2/19/09 (RE).

UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF NEW YORK
TIMOTHY DUMPSON & MOSES ORTEGA, Plaintiffs, 00-CV-6039-CJS -vsORDER GLENN S. GOORD, et al., Defendants.

A Suggestion of Death regarding Thomas A. Coughlin, III, and James Meck has been field on February 4, 2009, by Assistant New York Attorney General Maritza Buitrago. Pursuant to Rule 25(a) of the Federal Rules of Civil Procedure, the Court may order substitution of the decedent's successor or representative. The Suggestion of Death filed here, however, does not identify the representative of either decedent. While Rule 25 does not require that the Suggestion of Death be filed by, or identify, a representative, Unicorn Tales, Inc. v. Banerjee, 138 F.3d 467 (2d. Cir. 1998), the Court is cognizant of the difficulty a plaintiff may have in determining and locating the proper party for substitution. Plaintiffs here are inmates who have been granted permission to proceed in forma pauperis. Each is represented by pro bono counsel. Accordingly, the time in which to make the motion for substitution of parties is hereby extended for 90 days after the identity of each representative has been provided. Once an identity and address for an Estate's representative has been provided, Plaintiffs may move for substitution of that representative for the Estate in the place of the decedent. Additionally, Plaintiffs are directed to prepare the U. S. Marshal

forms necessary for service of a copy of the motion for substitution upon the representative, unless the representative indicates that service may be made by other means. IT IS SO ORDERED. Dated: February 18, 2009 Rochester, New York ENTER: /s/ Charles J. Siragusa Charles J. Siragusa United States District Judge

-2-