United States of America v. Timothy W. Canaday, et al.

Filing 18

MEMORANDUM OPINION AND ORDER re: the USA's 15 MOTION to Substitute Party: The court SCHEDULES a hearing for 8/15/2017 at 10:30 AM in Bluefield before Judge David A. Faber. At that hearing, the court will consider whether there is any objection to the order of substitution and whether it should be vacated. Plaintiff is directed to serve this Order "on the parties as provided in Rule 5 and on nonparties as provided in Rule 4." Signed by Senior Judge David A. Faber on 7/17/2017. (cc: counsel of record and unrepresented parties) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
UNITED STATES OF AMERICA,
Plaintiff,
v.

CIVIL ACTION NO. 1:11-00607

TIMOTHY W. CANADAY, et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
Plaintiff filed a motion to substitute T.A. Bailey, as
representative of the Estate of Timothy W. Canaday, as a party in
this action for the deceased defendant, Timothy W. Canaday.
No. 15).

(ECF

In so doing and as contemplated by Federal Rule of

Civil Procedure 25(a)(3), plaintiff filed a Notice of Hearing on
that motion for July 25, 2017.

By Memorandum Opinion and Order

entered on June 29, 2017, the court granted the motion to
substitute.

The court is concerned that it granted the motion to

substitute prematurely as a hearing appears to be contemplated by
Rule 25(a)(3).

Accordingly, the court hereby SCHEDULES a hearing

on the motion to substitute for Tuesday, August 15, 2017, at
10:30 a.m., in Bluefield.*

At that hearing, the court will

consider whether there is any objection to the order of
substitution and whether it should be vacated.

*

Plaintiff is

The hearing cannot go forward as originally noticed
because the Bluefield courtroom is unavailable.

directed to serve this Order “on the parties as provided in Rule
5 and on nonparties as provided in Rule 4.”
The Clerk is directed to send a copy of this Memorandum
Opinion and Order to counsel of record and unrepresented parties.
IT IS SO ORDERED this 17th day of July, 2017.
ENTER:
David A. Faber
Senior United States District Judge

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