Bearup v. Cintas Corporation

Filing 106

ORDER OF DISMISSAL - Accordingly, as no motion to substitute has been filed within 90 days since Plaintiffs' counsel filed the Suggestion of Death (Doc. 92 ), the Court GRANTS Defendant's Motion to Dismiss Plaintiff Andrea Carter (Doc. [10 5]) Plaintiff Andrea Carter's claims are DISMISSED for failure to substitute a party. Signed by Judge Matthew W. McFarland on 01/28/2025. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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IN THE UNITEDSTATESDISTRICTCOURT FORTHE SOUTHERNDISTRICTOF OHIO WESTERNDIVISION- CINCINNATI Case No. l:21-cv-151 THOMASBEARUP,JR. et al., JudgeMatthew W. McFariand Plaintiffs/ V. CINTASCORP. NO 2/ Defendant. ORDEROF DISMISSAL This matter is before the Court on Defendant's Motion to Dismiss Plaintiff Andrea Carter (Doc. 105.). OnMay 3, 2024,Plaintiffs' counsel filed a Suggestion of Death(Doc. 92) notifying the Court that Plaintiff Andrea Carter had passed away and that her successor or representative was not prepared to file a motion for substitution. At this time, no successor or representative ofPlaintiff Carter hasfiled a motion for substitution/ and over 260 days have passed since Plaintiffs' counsel filed the Suggestion of Death (Doc. 92.) Federal Rule of Civil Procedure 25(a) provides that "[i]f a party dies and the claim isnotextinguished,thecourtmayordersubstihitionoftheproper party. " Fed.R.Civ.P. 25(a). Therulefurther provides that//[i]fthemotion [to substitute] isnot madewithin90 days after service of a statement noting the death, the action by or against the decedent must be dismissed. " Id. When a party files a suggestion of death and serves it on all other parties, the 90-day clock begins running. Premohv. City of Cincinnati, Case No. l:15-cv265/ 2016 WL2858900, at *5 (S. D. Ohio May 13/ 2016). If no motion to substitute a party is filed within 90 days of the suggestion of death, then Rule 25 mandates that the court dismiss the action. Id. Accordingly, as no motion to substitute has been filed within 90 days since Plaintiffs' counsel filed the Suggestion of Death (Doc. 92)/ the Court GRANTS Defendant's Motion to Dismiss Plaintiff Andrea Carter (Doc. 105. ) Plaintiff Andrea Carter's claims are DISMISSED for failure to substitute a party pursuant to Fed. R. Civ. P. 25(a)(l). IT IS SO ORDERED. UNITEDSTATESDISTRICTCOURT SOUTHERNDISTRICTOF OHIO By: -^^fA%M JUDGE MATTHEW W. McFARLAND

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