Crabbs et al v. Pitts et al

Filing 49

ORDER granting 48 Motion to Substitute Party. Keith Crabbs terminated. "Anne Crabbs, personal representative of Keith Crabbs, deceased" substituted. Signed by Magistrate Judge Kimberly A. Jolson on 6/13/2017. (ew)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
ANNE CRABBS, et al.,
Plaintiffs,
v.

Civil Action 2:16-cv-387
Judge Algenon L. Marbley
Magistrate Judge Jolson

RASHAD PITTS, et al.,
Defendants.

ORDER
This matter is before the Court on Plaintiffs Anne and James Crabbs’ unopposed Motion
for Order Substituting Party pursuant to Fed. R. Civ. P. 25(a)(1). (Doc. 48). The Motion states
that Plaintiff Keith Crabbs passed away intestate on May 31, 2017, and thus seeks to substitute
“‘Anne Crabbs, personal representative of Keith Crabbs, deceased’ as Plaintiff in the stead of
Keith Crabbs.” (Id. at 1).
Rule 25 governs the substitution of parties upon the death of a litigant, and provides in
relevant part as follows:
If a party dies and the claim is not extinguished, the court may order substitution
of the proper party. A motion for substitution may be made by any party or by the
decedent’s successor or representative. If the motion is not made within 90 days
after service of a statement noting the death, the action by or against the decedent
must be dismissed.
Fed. R. Civ. P. 25(a)(1). Although a suggestion of death has not been filed in this case, “a
motion to substitute may be made by any party or by the representative of the deceased party
without awaiting the suggestion of death.” Fed. R. Civ. P (25), Advisory Committee Note to
1963 Amendment; see also United States v. Currency $11,331, 482 F. Supp. 2d 873, 886 (E.D.

Mich. 2007). For this reason, and for good cause shown, the Motion for substitution is
GRANTED, and it is ORDERED that “Anne Crabbs, personal representative of Keith Crabbs,
deceased” shall be substituted for Keith Crabbs.
IT IS SO ORDERED.

Date: June 13, 2017

/s/ Kimberly A. Jolson
KIMBERLY A. JOLSON
UNITED STATES MAGISTRATE JUDGE

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