Stetson v. Washington State Department of Corrections et al

Filing 99

ORDER Granting Plaintiff's 83 Motion to Substitute by Magistrate Judge Karen L Strombom. Tobey J. Whitney is substituted as a party to this action in place of Kathryn L. Bruner, in her individual capacity, as she is no longer a party to this action by reason of death. Mr. Whitney is substituted for Ms. Bruner on the docket and in the caption. **2 PAGE(S), PRINT ALL**(Bryan Stetson, Prisoner ID: 339734)(GMR- cc: Mr. Whitney USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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BRYAN LEE STETSON,

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Plaintiff,

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ORDER GRANTING MOTION TO
SUBSTITUTE (DKT. 83)

v.

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NO. C15-5524 BHS-KLS

WASHINGTON STATE DEPARTMENT
OF CORRECTIONS, et al.,

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Defendants.

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On April 19, 2016, Defendants filed a Suggestion of Death pursuant to Federal Rule of
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Civil Procedure 25(a), notifying all parties of the death of Defendant Kathryn L. Bruner. Dkt.
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35. Plaintiff Bryan Lee Stetson moves to substitute Ms. Bruner’s son, Tobey J. Whitney, as Ms.
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Bruner’s successor in her individual capacity. Dkt. 83.
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On May 12, 2016, the Court ordered defendants to serve the nonparty successor or
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representative of Defendant Bruner’s estate with the Suggestion of Death. Dkt. 45, p. 4. On
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June 3, 2016, defendants provided Mr. Whitney with a copy of the Statement Noting Death of
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Defendant Bruner (Dkt. 35). Dkt. 52, Exhibit 1, at ¶ 5. On October 20, 2016, Mr. Whitney
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waived service of statement of death and the complaint in this action pursuant to Rule 4. Dkt.
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92.
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ORDER GRANTING MOTION TO SUBSTITUTE
(DKT. 83)- 1

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Thereafter, the Court noted Mr. Stetson’s motion to substitute and defendants and Mr.

2 Whitney filed their responses to the motion. Mr. Whitney states that he serves as the de facto
3 executor of his mother’s estate as she did not have a will. Dkt. 97, at 1. Mr. Whitney
4 acknowledges actual notice of this suit, consents to his substitution, and subjects himself to the
5 jurisdiction of this Court in this action. Dkt. 97, Declaration of Tobey J. Whitney. Although
6 defendants question whether a de facto representative is a proper party under Rule 25, they do
7 not oppose the substitution of Mr. Whitney for Ms. Bruner in her individual capacity in this
8 action. Dkt. 96.
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Therefore, it is ORDERED:
(1)

Kathryn L. Bruner is no longer a party to this action by reason of death and

11 Tobey J. Whitney is substituted as a party to this action in place of Kathryn L. Bruner, in her
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(2)

The Clerk shall send copies of this Order to Mr. Whitney, counsel for defendants,

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DATED this 5th day of December, 2016.

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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER GRANTING MOTION TO SUBSTITUTE
(DKT. 83)- 2