Nathan Webster v. Fletcher, et al.

Summary

The court addresses a defendant's notice indicating that the plaintiff in a 42 U.S.C. § 1983 action had died. It vacates the pending motion to dismiss and directs the defendant to file a formal notice of death and serve it on the plaintiff's representative or successor in accordance with Federal Rule of Civil Procedure 25 and Ninth Circuit precedent. The court indicates that a motion to dismiss may be filed after the substitution period expires.

Holdings

1. The ninety-day period for seeking substitution under Rule 25(a) is not triggered until a party formally suggests the death on the record and serves the suggestion of death in the manner required by Rule 25 and the applicable service rules.
2. The defendant's motion to dismiss was vacated pending the filing and service of a formal notice of plaintiff's death.

Questions Presented

1. Whether defendant's notice that plaintiff had died was sufficient to trigger the ninety-day substitution period under Federal Rule of Civil Procedure 25(a).
2. Whether defendant's pending motion to dismiss should remain pending before a formal suggestion of death was filed and properly served.

Disposition

vacated