Cobbins v. Northern Stamping, Inc.

Filing 11

Opinion and Order: Pursuant to Rule 25(a)(1), the Court DISMISSES the action WITHOUT PREJUDICE. Further, the Court DIRECTS the Clerk to enter judgment accordingly. Judge J. Philip Calabrese on 1/18/2023. (Y,A)

Case: 1:22-cv-00842-JPC Doc #: 11 Filed: 01/18/23 1 of 2. PageID #: 45

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
WILLIAM COBBINS,

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Plaintiff,
v.
NORTHERN STAMPING, INC.,
Defendant.

Case No. 1:22-cv-842
Judge J. Philip Calabrese
Magistrate Judge Thomas M. Parker

OPINION AND ORDER
Plaintiff William Cobbins sued his former employer, Northern Stamping, Inc.,
under the Family Medical Leave Act. Mr. Cobbins passed away during the pendency
of this case. Pursuant to Rule 25(a)(1), Defendant Northern Stamping, Inc. filed a
suggestion of death on October 12, 2022 (ECF No. 8), and it was timely served (ECF
No. 9; ECF No. 10). At the latest, the 90-day period for filing a motion to substitute
the decedent’s successor ran on Friday, January 13, 2023. No such motion has been
filed. Under Rule 25(a)(1), where, as here, no motion to substitute is filed within 90
days after service of a suggestion of death, “the action by or against the decedent must
be dismissed.” At a status conference on November 7, 2022, at which the decedent’s
surviving spouse and administrator of his estate appeared, and the Court explained
the requirements of Rule 25 and the consequences for failure to follow the Rule.
For

these

reasons,

the

Court

DISMISSES

the

action WITHOUT

PREJUDICE. See Zanowick v. Baxter Healthcare Corp., 850 F.3d 1090, 1096 (9th
Cir. 2017).

Case: 1:22-cv-00842-JPC Doc #: 11 Filed: 01/18/23 2 of 2. PageID #: 46

SO ORDERED.
Dated: January 18, 2023

J. Philip Calabrese
United States District Judge
Northern District of Ohio

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