Kundert, Daniel v. Wellpath et al

Filing 52

ORDER Dismissing case under Rule 25(a). Signed by District Judge William M. Conley on 1/18/2023. (voc),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DANIEL KUNDERT,
Plaintiff,

OPINION AND ORDER

v.
21-cv-489-wmc
WELLPATH, JANE DOE 1,
JANE DOE 2, JOHN DOE 1,
JOHN DOE 2, and DANE
COUNTY,
Defendants.
Pro se plaintiff Daniel Kundert was proceeding in this case on claims that he
contracted COVID-19 while incarcerated at the Dane County Jail after staff moved an
inmate sick with the virus into Kundert’s housing unit. Kundert passed away in August of
2022. The court will now dismiss this case.
Federal Rule of Civil Procedure 25(a)(1) provides that if a party to a claim dies, the
action by or against the decedent must be dismissed unless substitution is made within 90
days after service of a statement noting the death. Defendant Dane County and the Doe
defendants filed a suggestion of death upon the record and proof of service on Kundert’s
successor or representative dated October 10, 2022. (Dkt. #47.) Upon receiving proof of
service, the court indicated that it would dismiss this case under Rule 25(a) if a motion for
substitution was not filed by January 9, 2023, and mailed a copy of the order to the
individual identified as Kundert’s successor or representative. (Dkt. #49.) That deadline
has passed, but no motion for substitution has been filed, and the court has not heard from

anyone expressing interest in assuming Kundert’s interest in this lawsuit. This lawsuit will
therefore be dismissed.

ORDER
IT IS ORDERED that:
1) This case is DISMISSED under Federal Rule of Civil Procedure 25(a)(1).
2) Defendants’ joint motion to enforce a court order (dkt. #51) is DENIED as
moot.
3) The clerk of court is directed to close this case and to send a copy of this order
to the individual identified as Kundert’s successor or representative at the
address provided at dkt. #46.
Entered this 18th day of January, 2023.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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