12 Cited authorities

Atkins v. City of Chicago
547 F.3d 869 (7th Cir. 2008) Cited 129 times
Holding that motion to substitute filed without serving the personal representative of the deceased's estate was "a nullity"
Grandbouche v. Lovell
913 F.2d 835 (10th Cir. 1990) Cited 118 times
Holding that even though the attorney for the decedent's estate was noticed, the successor or representatives of the deceased-party's estate were required to be noticed as well
Kong v. Allied Prof'l Ins. Co.
750 F.3d 1295 (11th Cir. 2014) Cited 55 times 2 Legal Analyses
Applying the rule of Barfield without conducting an intent inquiry
Lizarazo v. Miami-Dade Corr. & Rehab. Dep't
878 F.3d 1008 (11th Cir. 2017) Cited 26 times
No. 17-12280 12-29-2017 Gustavo LIZARAZO, Plaintiff-Appellant, v. MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT, Conrad Greaves, Jr., in his individual capacity, Jeffry Montealegre, in his individual capacity, Calvin Howard, in his individual capacity, Samuel Menard, in his individual capacity, et al., Defendants-Appellees. Nathan Michael Wheat, Jennifer M. Clark, Tamara Cheryl Jordan, Murray Morin & Herman, PA, Tampa, FL, for Plaintiff–Appellant. Daija Page Lifshitz, Erica S. Zaron, Miami-Dade
Russell v. City of Milwaukee
338 F.3d 662 (7th Cir. 2003) Cited 46 times
Holding that "the district court did not abuse its discretion under Rule 6 by enforcing the [90-day] deadline" under Rule 25 where the plaintiff did "not ma[k]e any showing or argument of excusable neglect"
Yonofsky v. Wernick
362 F. Supp. 1005 (S.D.N.Y. 1973) Cited 102 times
In Yonofsky, the district court held that defendants' statement, noting Plaintiff's death and served on the deceased Plaintiff's former counsel, was not defective because it did not identify the deceased Plaintiff's representative or successor).
Laizure v. Avante at Leesburg, Inc.
109 So. 3d 752 (Fla. 2013) Cited 21 times 1 Legal Analyses
Holding that wrongful death actions, despite such actions being independent under Florida statute, are “derivative for purposes of the issue presented in this case,” thereby allowing wrongful death claimants to be bound by decedents' arbitration agreements
George v. United States
208 F.R.D. 29 (D. Conn. 2001) Cited 28 times
Granting Rule 6(b) motion for extension of time to file substitution motion where the " delay was not due to inaction on the part of plaintiff's counsel, but instead, on the loss or misplacement of documents necessary to complete the appointment of" the executor and plaintiff's counsel submitted the motion for extension of time and for substitution four days later
Carruth v. Smyth
7:15-cv-1089-LSC (N.D. Ala. Feb. 9, 2018) Cited 5 times
7:15-cv-1089-LSC 02-09-2018 JOHN DEE CARRUTH, Plaintiff, v. JUSTICE D. SMYTH, III, et al., Defendants. L. SCOTT COOGLER UNITED STATES DISTRICT JUDGE MEMORANDUM OF OPINION Before the Court is Defendants' Motion to Dismiss Justice D. "Jay" Smyth, III as a Defendant. (Doc. 154.) This motion has been fully briefed and is ripe for decision. For the following reasons, the Court determines the claims against Defendant Justice D. "Jay" Smyth ("Defendant Smyth") are due to be DISMISSED. I. FACTS Defendant
Sheet Metal Workers Local No. 2 v. Silgan Containers Mfg. Corp.
690 F.3d 963 (8th Cir. 2012) Cited 6 times
Stating that "[i]n deciding whether to bring a grievance, for instance, the Union considers not only whether the individual employee wishes to pursue that grievance, but also whether such a grievance is in the interests of the represented employees as a whole"
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 49,013 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Rule 25 - Substitution of Parties
Fed. R. Civ. P. 25 Cited 10,816 times 11 Legal Analyses
Providing for the automatic substitution at the district-court level of public officers sued in their official capacities

Staples v. Brookdale Senior Living Center Inc.

12 Cited authorities

Holding that motion to substitute filed without serving the personal representative of the deceased's estate was "a nullity"

Holding that even though the attorney for the decedent's estate was noticed, the successor or representatives of the deceased-party's estate were required to be noticed as well

Applying the rule of Barfield without conducting an intent inquiry

Holding that "the district court did not abuse its discretion under Rule 6 by enforcing the [90-day] deadline" under Rule 25 where the plaintiff did "not ma[k]e any showing or argument of excusable neglect"

In Yonofsky, the district court held that defendants' statement, noting Plaintiff's death and served on the deceased Plaintiff's former counsel, was not defective because it did not identify the deceased Plaintiff's representative or successor).

Holding that wrongful death actions, despite such actions being independent under Florida statute, are “derivative for purposes of the issue presented in this case,” thereby allowing wrongful death claimants to be bound by decedents' arbitration agreements

Stating that "[i]n deciding whether to bring a grievance, for instance, the Union considers not only whether the individual employee wishes to pursue that grievance, but also whether such a grievance is in the interests of the represented employees as a whole"

Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

Providing for the automatic substitution at the district-court level of public officers sued in their official capacities