Rainey, Kelly v. Tegels, L. et al

Filing 38

ORDER that counsel for defendant W. Bradford Martin may have until, November 1, 2019, to serve the proper person with notice of death or show cause why they are unable to do so. Once counsel files proof of service, plaintiff will have 90 days to file a motion for substitution. Signed by Magistrate Judge Peter A. Oppeneer on 10/16/2019. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
KELLY RAINEY,
ORDER

Plaintiff,
v.

Case No. 17-cv-05-wmc

DR. MARTIN,
Defendant.
On October 11, 2019, counsel for defendant Dr. W. Bradford Martin filed a suggestion
of death upon record as to defendant Martin pursuant to Federal Rule of Civil Procedure 25(a).
As set forth in Atkins v. City of Chicago, 547 F.3d 869, 870-74 (7th Cir. 2008), Rule 25 requires
the party filing the suggestion of death to both identify the proper party to be substituted and
serve that individual with the notice. Until proper service is effectuated, the 90-day deadline
is not triggered. Id. at 874 (“[N]othing will suffice to start the 90-day clock running except
service on whoever is identified as the decedent’s representative or successor.”). Counsel for
defendant Martin may have an opportunity to identify the proper party to be substituted and
then to serve the notice on that party. Once that occurs, plaintiff will have 90 days to file a
motion for substitution.
ORDER
IT IS ORDERED that counsel for defendant W. Bradford Martin may have until,
November 1, 2019, to serve the proper person with notice of death or show cause why they
are unable to do so. Once counsel files proof of service, plaintiff will have 90 days to file a
motion for substitution.

Entered this 16th day of October, 2019.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge