Opinion
No C 03-0629 VRW
January 21, 2004
ORDER
Under FRCP 25(a)(1), the court may substitute a party on behalf of a party who dies. "Unless the motion for substitution is made not later than 90 days after the death is suggested upon the record * * *, the action shall be dismissed as to the deceased party." Id.
Defendants present the court with plaintiff's death certificate. See Certificate of Death (Doc # 7, Exh A). Plaintiff died September 24, 2003. Id. Because greater than 90 days have passed since plaintiff's death, the time to file a motion for substitution has expired.
Accordingly, the court GRANTS defendants motion to dismiss (Doc # 7). The clerk is DIRECTED to close the file and terminate all pending motions.
IT IS SO ORDERED.