Opinion
No. MC 96-0081-PHX-SMM, No. MC 96-0082-PHX-PGR (consolidated), No. MC 96-0083-PHX-SMM (consolidated), Br. No. 92-3004-PHX-GBN, Br. No. 92-3005-PHX-RGM, (jointly administered under 92-3004), Adv. No. 94-126, Adv. No. 94-185, Adv. No. 94-813.
March 18, 2008
ORDER
Before the Court is Debtor/Plaintiff Western Group Nurseries, Inc.'s ("Western Group") Motion for Substitution. (Dkt. 89.) Western Group requests that Patricia A. Leemon, as personal representative of the Estate of Defendant Charles L. Leemon, be substituted as defendant in place of Charles L. Leemon. Leemon's attorneys filed a suggestion of death in this litigation on December 31, 2007. (Dkt. 78.) Western Group filed its Motion for Substitution on February 28, 2008, within 90 days after the suggestion of death. Defendant Leemon has not filed a response in opposition. Western Group's motion is therefore timely, unopposed, and will be granted. See Fed.R.Civ.P. 25(a) Advisory Committee Notes, 1963 Amendment. Accordingly,
IT IS HEREBY ORDERED granting Plaintiff Western Group Nurseries, Inc.'s Motion for Substitution (Dkt. 89). The Clerk of the Court shall substitute Patricia A. Leemon as Defendant, replacing the deceased Charles L. Leemon.