Smith v. The Abandoned Vessel

Filing 41

Suggestion of Death and Unopposed Motion to Substitute Proper Party Morgan Dunn O'Connor, Executor of the Estate of Marie O'Connor Sorenson, Intervenor, in place of Marie Sorenson. (Attachments: # 1 Proposed Order)(Walker, Ronald)

Smith v. The Abandoned Vessel

Doc. 41

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION NATHAN SMITH vs. THE ABANDONED VESSEL, in rem § § § § §

Civil Action No. 4:07-00784

SUGGESTION OF DEATH AND UNOPPOSED MOTION TO SUBSTITUTE PROPER PARTY TO THE HONORABLE JUDGE OF THE COURT: Morgan Dunn O'Connor, Executor of the Estate of Marie O'Connor Sorenson, Intervenor herein, files this Suggestion of Death and Motion to Substitute Proper Party and shows the Court: 1. Marie Sorenson, Intervenor herein, died on April 17, 2008. Morgan Dunn

O'Connor received her letters testamentary as Executor of the Estate of Marie O'Connor Sorenson on May 5, 2008. 2. Under Fed. R. Civ. P. 25, Morgan Dunn O'Connor, as Executor of the Estate of

Marie O'Connor Sorenson, should be substituted as the proper party for the decedent. 3. The undersigned counsel conferred with Plaintiff's counsel, and Plaintiff is not

opposed to this motion. WHEREFORE, Morgan Dunn O'Connor requests the Court substitute Morgan Dunn O'Connor, Executor of the Estate of Marie O'Connor Sorenson, as Intervenor in this case and that Intervenor recover such other and further relief as to which she may be justly entitled. Respect fully submitted, WALKER, KEELING & CARROLL, L.L.P. 210 E. Constitution P.O. Box 108 Victoria, Texas 77902-0108 361-576-6800

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Dockets.Justia.com

361-576-6196 (FAX)

By: _____/s/ Ronald B. Walker_____ Ronald B. Walker Texas Bar No. 20728300 Southern Dist. ID. No. 1500 Terry M. Carroll, Jr. Texas Bar No. 03891950 Southern Dist. ID No. 12603 Attorneys for Intervenor CERTIFICATE OF SERVICE This is to certify that the foregoing was served on all parties in accordance with the Federal Rules of Civil Procedure on May 7, 2008.

_____/s/ Ronald B. Walker_____ Ronald B. Walker

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