Yelverton v. Edmundson et al

Filing 87

ORDER STAYING CASE. Signed by US District Judge Terrence W. Boyle on 8/23/2017. This matter is hereby STAYED for ninety days from the date of filing of the suggestion death, July 25, 2017. If no motion to substitute the proper party has been filed at the close of the ninety-day period this action will be dismissed. Copy sent via US Mail to 3033 Wilson Blvd. #E-117, Arlington, VA 22201. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

STEPHEN THOMAS YELVERTON,
Plaintiff,
v.
PHYLLIS Y. EDMUNDSON and YELVERTON
FARMS, LTD.,
Defendants.

STEPHEN THOMAS YELVERTON,
Plaintiff,
v.

YELVERTON FARMS, LTD.,
Defendant.

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No. 5:15-CV-134-BO

No. 5:16-CV-31-BO

These matters are before the Court on a notice of suggestion of death of plaintiff Stephen
Yelverton filed by defendants Phyllis Edmundson and Yelverton Farms pursuant to Rule
25(a)(l) of the Federal Rules of Civil Procedure. Counsel for defendants represents that he has
served a copy of the notice of suggestion of de_ath on the personal representative of plaintiffs
estate and the attorney who has been retained to settle plaintiffs estate.
Subsequent to the death of a party being suggested on the record, if the claim is not
extinguished, a motion for substitution of the proper party must be made within ninety days of
service of the notification of death. Fed. R. Civ. P. 25(a)(l). Accordingly, defendants' request
to stay this matter pending substitution of the proper party [DE 83] is ALLOWED and this ·
matter is hereby STA YED for ninety days from the date of filing of the suggestion death, July

25, 2017. If no motion to substitute the proper party has been filed at the close of the ninety-day
period this action will be dismissed.
SO ORDERED, this~ day of August, 2017.

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