CSI Construction Company v. Campbell's Siding & Windows et al

Filing 37

ORDER GRANTING PLAINTIFF'S MOTION FOR SUBSTITUTION OF PARTY - granting 35 Motion to Substitute Party. Estate of Gary Price and its personal representative Jennifer Price added. Gary Price terminated. Signed by Senior Judge Edward F. Shea. (VR, Courtroom Deputy)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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No.

CSI CONSTRUCTION COMPANY,
a Colorado corporation,

4:14-CV-5035-EFS

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ORDER GRANTING PLAINTIFF’S MOTION
FOR SUBSTITUTION OF PARTY

Plaintiff,
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v.
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CAMPBELL’S SIDING & WINDOWS, an
Idaho corporation, and GARY PRICE,
Defendants.

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Before the Court, without oral argument, is Plaintiff’s Motion
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for Substitution of Party, ECF No. 35. On July 20, 2015, Plaintiff
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notified the Court that one of the defendants in the case, Mr. Gary
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Price, had died. ECF No. 31. In response, the Court struck the trial
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and pretrial deadlines and set a deadline for a motion to file a
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substitution or dismissal. ECF No. 32. Plaintiff now asks the Court to
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substitute the Estate of Gary Price and its personal representative,
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Ms. Jennifer Price, as defendants in Mr. Price’s place pursuant to
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Federal Rule of Civil Procedure 25(a)(1).
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Rule 25(a)(1) states “If a party dies and the claim is not
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extinguished, the court may order substitution of the proper party. A
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motion for substitution may be made by any party or by the decedent’s
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successor
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ORDER - 1

or

representative.”

In

this

case,

Plaintiff

is

seeking

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monetary damages for Mr. Price’s alleged breach of contract. ECF No.

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1. The Court finds that the Estate of Gary Price and its personal

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representative are the proper parties to be substituted in under Rule

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25(a)(1).

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Substitution of Party, ECF No. 35.

Therefore,

the

Court

grants

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1.

Motion

for

Accordingly, IT IS HEREBY ORDERED:

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Plaintiff’s

Plaintiff’s Motion for Substitution of Party, ECF No. 35,
is GRANTED.

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2.

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Gary

Price

is

terminated

as

a

party,

and

is

to

be

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substituted with the Estate of Gary Price and its personal

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representative Jennifer Price.
3.

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Plaintiff’s counsel must send a copy of this order to the

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personal representative of the Estate of Gary Price and

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must then file a declaration with this Court confirming

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that it has been sent and including the address to which it

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has been sent.
4.

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The Clerk's Office is directed to amend the case caption as

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follows:

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CSI CONSTRUCTION COMPANY,
a Colorado corporation,

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Plaintiff,
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v.
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CAMPBELL’S SIDING & WINDOWS,
an Idaho corporation, and
ESTATE OF GARY PRICE AND ITS PERSONAL REPRESENTATIVE
JENNIFER PRICE

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//

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/

ORDER - 2

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IT IS SO ORDERED.

The Clerk’s Office is directed to enter this

Order and provide copies to all counsel.
DATED this

27th

day of October 2015.

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s/Edward F. Shea
EDWARD F. SHEA
Senior United States District Judge

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Q:\EFS\Civil\2014\5035.ord.grant.sub.lc2.docx

ORDER - 3