United States of America v. Canaday
Filing
76
MEMORANDUM OPINION AND ORDER re: the USA's 74 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. 1:14-27450
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.
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 directed to serve this Order
The hearing cannot go forward as originally noticed
because the Bluefield courtroom is unavailable.
“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
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?