Diederich v. Okuley et al
Filing
46
DECISION AND ORDER signed by Chief Judge William C Griesbach on 7/30/19. Plaintiff's claims are DISMISSED WITH PREJUDICE pursuant to the Federal Rule of Civil Procedure 25(a)(1). The Clerk is directed to enter judgment. (cc: all counsel)(Griesbach, William)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JACKIE LYNN DIEDERICH,
Plaintiff,
v.
Case No. 18-C-920
BABATUNDAOH OKULEY, et al.,
Defendants.
DECISION AND ORDER
Plaintiff Jackie Lynn Diederich filed this civil rights action pursuant to 42 U.S.C. § 1983,
alleging that her civil rights were violated. On April 11, 2019, Defendants filed a Suggestion of
Death pursuant to Rule 25 of the Federal Rules of Civil Procedure, indicating that Plaintiff had
passed away on April 5, 2019, and giving notice to Plaintiff’s estate to take any necessary or
appropriate action. In an April 17, 2019 letter, the court notified Plaintiff’s mother of the
requirements of Rule 25, which addresses the substitution of a party upon death and provides:
If a party dies and the claim is not extinguished, the court may order substitution of
the proper party. A motion for substitution may be made by any party or by the
decedent’s successor or representative. If the motion is not made within 90 days
after service of a statement noting the death, the action by or against the decedent
must be dismissed.
Fed. R. Civ. P. 25(a)(1). To date, no motion to substitute has been filed, and the time to move to
substitute a proper party for Plaintiff has expired. Consequently, Plaintiff’s claims must be
dismissed.
IT IS THEREFORE ORDERED that Plaintiff Jackie Lynn Diederich’s claims are
DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 25(a)(1). The
Clerk is directed to enter judgment accordingly.
Dated this 30th day of July, 2019.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court
2
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