Tyson v. Kelly Tours and Grayline of Savannah, GA

• Court: District Court, S.D. Georgia
• Decided: July 11, 2025
• Docket: 4:24-cv-00209
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

ANGELA M. TYSON, ) ) Plaintiff, ) ) v. ) CV424-209 ) KELLY TOURS AND GRAYLINE ) OF SAVANNAH, GA, et al., ) ) Defendants. )

REPORT AND RECOMMENDATION On April 11, 2025, Defendants filed two duplicative Suggestions of Death indicating that Ms. Tyson was deceased. Docs. 32 & 33. This Court stayed the case and instructed the administrator of Ms. Tyson’s estate, if they so desired, to file a motion to substitute parties by July 10, 2025. See doc. 34; see also Fed. R. Civ. P. 25(a)(1) (“If the motion [to substitute] is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed.”). No such motion has been filed in the intervening period. See generally docket. Because the 90-day period to file a motion to substitute has passed without the appearance of Ms. Tyson’s estate’s administrator, this case should be DISMISSED. See Fed. R. Civ. P. 25(a)(1).

This Report and Recommendation (R&R) is submitted to the district judge assigned to this action, pursuant to 28 U.S.C. § 636(b)(1)(B) and this Court’s Local Rule 72.3. Within 14 days of service, any party

may file written objections to this R&R with the Court and serve a copy on all parties. The document should be captioned “Objections to

Magistrate Judge’s Report and Recommendations.” Any request for additional time to file objections should be filed with the Clerk for consideration by the assigned district judge.

After the objections period has ended, the Clerk shall submit this R&R together with any objections to the assigned district judge. The district judge will review the magistrate judge’s findings and

recommendations pursuant to 28 U.S.C. § 636(b)(1)(C). The parties are advised that failure to timely file objections will result in the waiver of rights on appeal. 11th Cir. R. 3-1; see Symonette v. V.A. Leasing Corp., 648 F. App’x 787, 790 (11th Cir. 2016); Mitchell v. United States, 612 F. App’x 542, 545 (11th Cir. 2015). SO REPORTED AND RECOMMENDED, this 11th day of July, Chie~d (ag CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA