Reaves v. Eastman Chemical Company et al

Filing 60

ORDER DISMISSING CASE. IT IS HEREBY ORDERED that the above-captioned action be and is DISMISSED in its entirety. Signed by Chief Judge Terry L Wooten on 05/17/2013. (dsto, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Moses Reaves,

)
)
Plaintiff,
)
)
vs.
)
)
Eastman Chemical Company; John Doe;
)
and Jane Doe,
)
)
Defendants.
)
___________________________________ )

Civil Action No.: 4:11-cv-1630-TLW-TER

ORDER
This personal injury action was filed by the Plaintiff, Moses Reaves (“plaintiff”), pro se,
on July 6, 2011. (Doc. #1). On September 20, 2012, the Defendants, Eastman Chemical
Company, John Doe, and Jane Doe (collectively “defendants”), filed a Suggestion of Death
stating that the plaintiff is now deceased. (Doc. #52).
Defendants filed and served a Suggestion of Death (Doc. #52) on September 20, 2012.
To date, no motion for substitution has been made in this action. Moreover, defendants attached
to the Suggestion of Death correspondence from plaintiff’s New York counsel which states that
the plaintiff’s representative has decided against pursuing this matter any further. (Doc. #52-1).
Rule 25(a)(1) of the Federal Rules of Civil Procedure provides:
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).

Therefore, as more than ninety (90) days have elapsed since the defendants’ filing of the
Suggestion of Death without motion for substitution, this action must be dismissed pursuant to
Fed. R. Civ. P. 25(a)(1).
Accordingly, IT IS HEREBY ORDERED that the above-captioned action be and is
DISMISSED in its entirety.
IT IS SO ORDERED.
s/ Terry L. Wooten
TERRY L. WOOTEN
Chief United States District Judge
May 17, 2013
Columbia, South Carolina