Tannehill v. Simmons Bank

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

DONALD TANNEHILL, on behalf of himself and all others similarly situated PLAINTIFF

No. 3:19-cv-140-DPM

SIMMONS BANK DEFENDANT

ORDER The unopposed motion, Doc. 40, is granted. The time to move to substitute is extended to 10 July 2020 for good cause. Federal Rule of Civil Procedure 25’s ninety-day period can be extended. FED. R. CIv. P. 6 & 25 (advisory committee notes to 1963 amendments); Kaubisch v. Weber, 408 F.3d 540, 542 n.2 (8th Cir. 2005). Tannehill’s claim abated at his death. It’s in juridical limbo. His former lawyer and family are working on opening an estate. The COVID-19 pandemic presents extraordinary circumstances, which limit the accessibility of the Missouri probate courts. And Tannehill’s family circumstances are, according to counsel, tangled. There is no prejudice to Simmons, or the administration of justice, in allowing more time to effect the substitution. The stay remains in effect.

So Ordered. WP ppenvhell f____ D.P. Marshall Jr. United States District Judge _ 8 Ap 2020

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