United States District Court, D. South Carolina, Columbia Division
August 20, 2014
Gwendolyn Thomas, Plaintiff,
Richland County School District II, Defendant.
REPORT AND RECOMMENDATION
SHIVA V. HODGES, Magistrate Judge.
On May 21, 2014, John M. Reagle, Esq., counsel for Defendant, filed a suggestion of Plaintiff's death in this matter, indicating the following:
On Monday, May 19, 2014, Racquel Dobbs, Plaintiff's friend and a teacher in Richland County School District One, came to the office of Childs & Halligan and informed attorney Kathryn Long Mahoney that Plaintiff passed away Friday, May 16, 2014. Ms. Dobbs asked Ms. Mahoney to call Annie Crafts (at (706) 573-5872), who Ms. Dobbs stated is Plaintiff's sister. Ms. Mahoney dialed the number but no one answered and there was no opportunity to leave a voice message.
While Ms. Dobbs was still in the office of Childs & Halligan, she attempted to reach Ms. Crafts on her cell phone and was able to do so. Ms. Dobbs handed Ms. Mahoney her cell phone and asked Ms. Mahoney to talk to Ms. Crafts, which she did. Ms. Crafts also stated to Ms. Mahoney that Plaintiff passed away on Friday, May 16, 2014. Ms. Mahoney referred Ms. Crafts to the Court with regard to questions she may have regarding Plaintiff's civil action against the Defendant.
[Entry #53]. Counsel also filed a certificate of service for the suggestion of death, indicating that it had been served at Plaintiff's address of record. [Entry #53-1].
No party having filed a motion for substitution within 90 days, the undersigned hereby recommends this case be dismissed without prejudice. See Fed.R.Civ.P. 25(a)(1) ("If the motion [for substitution] is not made within 90 days after service of a statement noting the death, the action by or against decedent must be dismissed.") If the district judge accepts this recommendation, all pending motions will be rendered moot.
IT IS SO RECOMMENDED.