Lambert v. Wolff, et al

MOTION to Substitute Party Keith Bartlett Pursuant to Rule 25

W.D. Pa.October 17, 2006

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ____________________________________ LISA LAMBERT, : : CIVIL ACTION NO: Plaintiff, : 96 CV. 247 Erie : v. : Judge Sean J. McLaughlin : Magistrate Judge BAXTER SUPERINTENDENT WILLIAM WOLFE, : et al., : (Filed via ECF) : Defendants. : : MOTION FOR SUBSTITUTION UNDER RULE 25 UPON SUGGESTION OF DEATH Plaintiff was notified and served with Defendant Keith Bartlett’s Suggestion of Death Upon the Record Under Rule 25 on October 13, 2006. Plaintiff respectfully moves for substitution of Bartlett by Bartlett’s estate, successors or representatives, pursuant to Rule 25(a) of the Federal Rules of Civil Procedure. See McKenna v. Pacific Rail Serv., 32 F.3d 820, 836 (1994) (explaining that the other party, executor or administrator may move for substitution of the deceased within 90 days of when Suggestion of Death was filed, not from date of actual death); see also Darmanchev v. Roytshteyn, 234 F.R.D. 78, 82 (E.D. Pa. 2005) (granting motion to substitute defendant’s personal representative where defendant had died). Therefore, Plaintiff respectfully requests that Defendant Bartlett’s estate, successors, or representatives be substituted pursuant to F.R.C.P. 25(a). Case 1:96-cv-00247-SJM Document 53 Filed 10/17/2006 Page 1 of 3 Respectfully submitted, /s/Angus Love Angus Love, ID # 22392 Pennsylvania Institutional Law Project Cast Iron Building 718 Arch Street, Suite 304 South Philadelphia, PA 19106 (215) 925-2966 Date: October 17, 2006 Case 1:96-cv-00247-SJM Document 53 Filed 10/17/2006 Page 2 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ____________________________________ LISA LAMBERT, : : CIVIL ACTION NO: Plaintiff, : 96 CV. 247 Erie : v. : Judge Sean J. McLaughlin : Magistrate Judge BAXTER SUPERINTENDENT WILLIAM WOLFE, : et al., : (Filed via ECF) : Defendants. : : CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Motion for Substitution Under Rule 25 Upon Suggestion of Death was served upon the following via ECF this 17th day of October 2006: Rob Willig Office of the Attorney General 564 Forbes Avenue 6th Floor, Manor Complex Pittsburgh, PA 15219 I hereby certify that a true and correct copy of the Motion for Substitution Under Rule 25 Upon Suggestion of Death was served upon the following via first class mail this 17th day of October 2006: James Eicher 209 McConnell Road New Wilmington, PA 16152 Respectfully submitted, /s/Angus Love Angus Love, ID # 22392 Pennsylvania Institutional Law Project Cast Iron Building 718 Arch Street, Suite 304 South Philadelphia, PA 19106 (215) 925-2966 Date: October 17, 2006 Case 1:96-cv-00247-SJM Document 53 Filed 10/17/2006 Page 3 of 3