Jones v. Special Commitment Center et al

Filing 72

ORDER granting 71 Motion to Stay. The Court orders that this case be stayed until March 1, 2017 or a proper party files for substitution. Signed by Magistrate Judge J Richard Creatura.(CMG)(cc sent to SCC)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 JAMES EDWARD JONES, 11 12 13 Plaintiff, CASE NO. 3:14-CV-05018-JRC ORDER GRANTING STAY v. SPECIAL COMMITMENT CENTER et al., 14 Defendants. 15 16 17 18 19 20 21 22 23 Defendants seek a stay of all proceedings until March 1, 2017 pending a motion for substitution pursuant to Federal Rule of Civil Procedure 25. Dkt. 71. On November 3, 2016, this Court entered an order staying all proceedings in this case until January 3, 2017 as a result of plaintiff's failing health. Dkt. 65. The Court also directed the parties to file a joint status report by December 20, 2016. Id. On November 5, 2016, plaintiff died. Dkts. 68, 69. On December 1, 2016, defendants filed a suggestion of death pursuant to Fed. R. Civ. P. 25 (a), which was served on plaintiff’s last known address at the Special Commitment as well as his next of kin as listed on file Id. The 24 ORDER GRANTING STAY - 1 1 status report and motion to stay were also served by mail at plaintiff’s last known address and to 2 his next of kin as listed on file with the Special Commitment Center. See Dkt. 71, Certificate of 3 Service. 4 “If a party dies and the claim is not extinguished, the court may order substitution of the 5 proper party. A motion for substitution may be made by any party or by the decedent's successor 6 or representative. If the motion is not made within 90 days after service of a statement noting the 7 death, the action by or against the decedent must be dismissed.” Fed. R. Civ. P. 25(a)(1). To 8 date, a motion for substitution has not been made. 9 The Court finds that a stay of proceedings in this matter is warranted pending a motion 10 for substitution. Accordingly, the Court orders that this case be stayed until March 1, 2017 or a 11 proper party files for substitution. 12 Dated this 19th day of January, 2017. A 13 14 J. Richard Creatura United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 ORDER GRANTING STAY - 2

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