Young v. Rios
This text of Young v. Rios (Young v. Rios) is published on Counsel Stack Legal Research, covering District Court, W.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA
GEORGE SOLER YOUNG, ) ) Plaintiff, ) ) v. ) Case No. CIV-15-641-G ) HECTOR A. RIOS et al., ) ) Defendants. )
ORDER In a Response (Doc. No. 227) filed on December 3, 2024, Plaintiff George Soler Young stated: “Plaintiff was recently advised that Defendant [Russell] Hill died earlier this year, and a probate has been opened. Plaintiff is evaluating whether to file a motion to substitute Mr. Hill’s personal representative.” Pl.’s Resp. (Doc. No. 227) at 2. Pursuant to Federal Rule of Civil Procedure 25(a), “If a motion [for substitution] is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed.” Fed. R. Civ. P. 25(a)(1). As of this date, no motion to substitute regarding Defendant Hill has been filed. In addition, Defendants continue to identify Defendant Hill as an intended witness at trial in this matter, which is set upon the Court’s June 2025 jury trial docket. See Proposed Final Pretrial Report (Doc. No. 249) at 15. IT IS THEREFORE ORDERED that, within fourteen (14) days of the date of this Order, Plaintiff shall file a formal suggestion of death, a motion for or stipulation of dismissal of claims against Defendant Hill, or other clarification as to Plaintiff’s requested disposition of this action as it pertains to Defendant Hill. See Fed. R. Civ. P. 25(a); see also Holland v. Trout, No. CIV-18-511-G, 2019 WL 2298792, at *1 (W.D. Okla. May 30, 2019). IT IS SO ORDERED this 9th day of May, 2025.
CHARLES B. GOODWIN United States District Judge
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Young v. Rios, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-rios-okwd-2025.