Yelverton v. Yelverton Farms, Ltd.

Filing 37

ORDER STAYING CASE. 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. Signed by District Judge Terrence W. Boyle on 8/23/2017. Copy sent via US Mail to 3033 Wilson Blvd. #E-117, Arlington, VA 22209. (Stouch, L.)

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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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 ยท 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. 2

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