Bergeron-Davila, Raymond et al v. Parenteau et al

Filing 15

ORDER that the Wisconsin Department of Justice may have until September18, 2018, to serve the proper person with notice of death as to Dustin Meeker or show cause why they are unable to do so. Once the Department files proof of service, plaintiff will have 90 days to file a motion for substitution. Signed by Magistrate Judge Peter A. Oppeneer on 8/28/2018. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
RAYMOND BERGERON-DAVALIA,
Plaintiff,

ORDER

v.
Case No. 17-cv-729-jdp
STEVEN PARENTEAU, DUSTIN MEEKER
and CORRECTIONS OFFICERS DOES 1-31,
Defendants.

In an order entered on June 21, 2018, plaintiff Raymond Bergeron-Davalia was granted
leave to proceed in forma pauperis against defendants Dustin Meeker, Steven Parenteau and CO
Does 1-3. On June 29, 2018, the Wisconsin Department of Justice filed an Acceptance of
Service indicating that it accepts service on behalf of defendant Steven Parenteau, but it does
accept service on behalf of defendant Dustin Meeker because he is deceased. The court will
construe the Wisconsin Department of Justice’s representation as a suggestion of death
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.”).
The Wisconsin Department of Justice 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.

I have amended the case caption to include the full name of defendants Parenteau and Meeker as
identified in the Acceptance of Service.
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ORDER
IT IS ORDERED that the Wisconsin Department of Justice may have until September
18, 2018, to serve the proper person with notice of death or show cause why they are unable
to do so. Once the Department files proof of service, plaintiff will have 90 days to file a motion
for substitution.

Entered this 28th day of August, 2018.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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