Khanzai v. Bash et al

Filing 36

ORDER entered: The motion to substitute parties is denied without prejudice. No later than April 14, 2017, the plaintiff must refile the motion to substitute parties and name a legal representative of Khanzai's estate as the proper party under Rule 25(a)(1). (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MOHAMMAD TARIK KHANZAI,
Plaintiff,
v.
LANCE BASH and CNM ENTERPRISES,
Defendants.

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March 24, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. H-15-3317

ORDER
The plaintiff, Mohammad Tarik Khanzai, died in July 2016. Plaintiff’s counsel moves to
substitute Khanzai’s estate as the plaintiff under FED. R. CIV. P. 25(a)(1). (Docket Entry No. 35).
Rule 25 requires that a motion for substitution be made by a party or “by the decedent’s successor
or representative.” FED. R. CIV. P. 25(a). Courts have interpreted this to require that the substitution
be of a legal representative. Adams v. Patel, No. CIV.A. H-09-02283, 2010 WL 183914, at *2 (S.D.
Tex. Jan. 11, 2010) (citing Sinito v. U.S. Dep’t of Justice, 176 F.3d 512, 516 (D.C. Cir.1999)
(“Although it is generally accepted that the proper party for substitution must be a ‘legal
representative’ of the deceased, the addition of the word ‘successor’ to the rule means that a proper
party need not necessarily be the appointed executor or administrator of the deceased party’s estate.
Thus, we have held not only that an executor or administrator of a decedent’s estate is a proper party
for substitution, but also that the distributee of a decedent’s estate may be a ‘successor’ of an estate
that has been distributed and thus can be a proper party.”).

The motion to substitute parties is denied without prejudice. No later than April 14, 2017,
the plaintiff must refile the motion to substitute parties and name a legal representative of Khanzai’s
estate as the proper party under Rule 25(a)(1).

SIGNED on March 24, 2017, at Houston, Texas.
______________________________________
Lee H. Rosenthal
Chief United States District Judge

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