Ewan et al v. Hartford Insurance Company et al

Filing 28

ORDER granting 23 Motion to Substitute Party. Signed by Judge Samuel H. Mays, Jr on 06/13/2012.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

DESHON EWAN and
PATRICK EWAN,

Plaintiffs,
v.
THE HARTFORD INSURANCE
COMPANY, A/K/A HARTFORD
CASUALTY INSURANCE COMPANY,
JASON C. WHITBY, A/K/A JASON
“JACK” WHITBY, INDIVIDUALLY
AND HIS CAPACITY AS
OWNER/PARTNER AND/OR AGENT
AND/OR EMPLOYEE, JOHN D.
MOSLEY III, INDIVIDUALLY AND
IN HIS CAPACITY AS
OWNER/PARTNER AND/OR AGENT
AND/OR EMPLOYEE, SHARON
MOSLEY, INDIVIDUALLY AND IN
HER CAPACITY AS OWNER/PARTNER,
AND/OR AGENT AND/OR EMPLOYEE,
JOHN MOSLEY III, D/B/A M & W
TREES, M & W ENTERPRISES, AND
JOHN DOE, AN UNKNOWN PERSON OR
ENTITY,
Defendants.

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No. 2:10-cv-02834

ORDER GRANTING PLAINTIFFS’ MOTION TO SUBSTITUTE

Before

the

Court

is

the

December

8,

2011

Motion

to

Substitute brought by Plaintiffs DeShon Ewan and Patrick Ewan
(“Plaintiffs”).

Defendants

Hartford
1

Insurance

Company

(“Hartford”),

Jacon

Whitby

(“Whitby”),

John

Mosley

(“John

Mosley”), Sharon Mosley (“Sharon Mosley”), and M & W Enterprises
(“M & W”) have not responded and the deadline for doing so has
passed.

W.D. Tenn. Civ. R. 7.2 (“The response to the motion . .

. shall be filed within 14 days after servce of the motion.”).
Plaintiffs
Rules

of

seek

an

Civil

order

under

Procedure,

Rule

25(a)(1)

substituting

of

Sharon

the

Mosley

Federal
in

her

capacity as the Administratrix of John Mosley’s Estate, as a
party to this action.
Rule 25(a)(1) provides that if “a party dies and the claim
is not extinguished, the court may order substitution of the
proper party.
party
motion

or

by

under

A motion for substitution may be made by any
the
Rule

decedent's
25

must

successor
be

brought

or

representative.”

“within

service of a statement noting the death.”

90

days

A

after

According to the

March 21, 2012 Suggestion of Death, John Mosley died on or about
September 10, 2011.

(See Suggestion of Death, ECF No. 26.)

Plaintiffs brought their request to substitute on December 8,
2011,

within

the

Motion is GRANTED.

90-day

period

under

Rule

25.

Plaintiffs’

Sharon Mosley is substituted for John Mosley

in her capacity as the Administratrix of John Mosley’s Estate.
So ordered this 13th day of June, 2012.

s/ Samuel H. Mays, Jr._______
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SAMUEL H. MAYS, JR.
UNITED STATES DISTRICT JUDGE

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