Carter v. Bryden Management, LLC et al

Filing 24

ORDER granting 23 Plaintiff's Motion for Stay of Proceedings. This action is STAYED for NINETY DAYS. Signed by Magistrate Judge Chelsey M. Vascura on 12/8/17. (sem)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION JOHN L. CARTER, Plaintiff, Civil Action 2:17-cv-109 Judge Michael H. Watson Magistrate Judge Chelsey M. Vascura v. BRYDEN MANAGEMENT, LLC, et al., Defendants. ORDER Plaintiff’s unopposed Motion for Stay of Proceedings (ECF No. 23) is GRANTED for good cause shown. Accordingly, this action is STAYED for NINETY DAYS. In light of the Notice of Death (ECF No. 23-1), the Court reminds Plaintiff’s counsel of Federal Rule of Civil Procedure 25(a)(1), which provides 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). IT IS SO ORDERED. /s/ Chelsey M. Vascura CHELSEY M. VASCURA UNITED STATES MAGISTRATE JUDGE

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