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Patti, et al v. Xerox Corp, et al

Memorandum in Support re MOTION to Substitute Party in place of deceased defendants Filter and Roscoe

12 Cited authorities

  1. Sinito v. U.S. Department of Justice

    176 F.3d 512 (D.C. Cir. 1999)   Cited 85 times
    Holding that FOIA cause of action, despite the absence of a statutory survival provision, survives plaintiff's death

  2. Graham v. Henderson

    224 F.R.D. 59 (N.D.N.Y. 2004)   Cited 40 times
    Holding that “[b]ecause no court has held that § 1983 retaliation claims do not survive the death of the defendant in New York and further, because no court held that only § 1983 ‘personal injury' claims survive the death of the defendant, plaintiff's § 1983 retaliation claim survives the death of defendants.”

  3. Kernisant v. City of New York

    225 F.R.D. 422 (E.D.N.Y. 2005)   Cited 38 times
    Finding a suggestion of death valid where it was served only on the parties to the litigation and counsel to the deceased party, and not on the successor.

  4. 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).

  5. Hardy v. Kaszycki Sons Contractors

    842 F. Supp. 713 (S.D.N.Y. 1993)   Cited 48 times
    Holding that suggestion of death was only invalid if the suggestion fails to identify the representative or successor who may be substituted as a party

  6. Staggers v. Otto Gerdau Company

    359 F.2d 292 (2d Cir. 1966)   Cited 100 times
    Holding that court should allow amendment to substitute deceased plaintiff's estate representative, under both Rule 25 and Rule 15, even though representative failed to comply with Rule 25 time limit

  7. Khan v. Grotnes Metalforming Systems, Inc.

    679 F. Supp. 751 (N.D. Ill. 1988)   Cited 24 times
    Finding that ADEA claim survived plaintiff's death

  8. ABRA CONSTRUCTION, CORP. v. GRECO

    No. 04 Civ. 0002 (BSJ) (RLE) (S.D.N.Y. Oct. 29, 2004)

    No. 04 Civ. 0002 (BSJ) (RLE). October 29, 2004 MEMORANDUM OPINION AND ORDER RONALD ELLIS, Magistrate Judge I. INTRODUCTION On or about May 15, 2004, defendant Lewis Horowitz ("Horowitz") died as a result of a motor vehicle traffic accident in the County of Suffolk, State of New York. The Court was informed of Horowitz's death during a conference between the parties and the Court on June 16, 2004, and ordered plaintiff Abra Construction, Corp. ("Abra") to move for substitution pursuant to Rule 25(a)

  9. Mallonee v. Fahey

    200 F.2d 918 (9th Cir. 1952)   Cited 57 times
    Holding Rule 25 applies to substitution of "legal representatives"

  10. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 48,961 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."

  11. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,569 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

  12. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 10,806 times   11 Legal Analyses
    Providing for the automatic substitution at the district-court level of public officers sued in their official capacities