Opinion
3:20-cv-00350-KGB
01-10-2023
DANNY M. OWENS PLAINTIFF v. ESTATE OF MORRIS VERNON OWENS, et al. DEFENDANTS
ORDER
KRISTINE G. BAKER, UNITED STATES DISTRICT JUDGE
Before the Court is the status of this case. On November 2, 2020, plaintiff Danny M. Owens filed his complaint against defendants the Estate of Morris Vernon Owens, Arva Pearl Owens, Kelley Webb, and Unknown Named Indemnities One and Two (Dkt. No. 1). The docket indicates that on November 2, 2020, summons for all of the defendants were issued and returned to Mr. Owens for service (Id.). Mr. Owens has made no filing in this case since filing his complaint on November 2, 2020. Furthermore, at no time since the filing of his complaint has Mr. Owens filed proof of service of the complaint on defendants, nor has Mr. Owens moved for additional time to complete service with an explanation to support good cause for such an extension.
The Court takes judicial notice of Owens v. Estate of Ira John Woodfin, et al., Case No. 2:20-cv-00236-KGB, a separate civil action previously brought by Mr. Owens. In that proceeding, the Court notified all parties of Mr. Owen's death upon receiving an electronic mail message from the partner of Mr. Owens informing the Court of Mr. Owen's passing on June 12, 2022, 2022. See Court's Exhibit A.
The Court hereby notifies all parties of Mr. Owens's death and stays this matter for a period of 90 days, until April 10, 2023, so that Mr. Owens's successors or representatives may if they so desire make a motion for substitution as set forth by Federal Rule of Civil Procedure 25(a). If a timely motion for substitution is not filed, the Court may dismiss this case without prejudice for failure to prosecute. See Local Rule 5.5 of the United States District Court for the Eastern and Western Districts of Arkansas.
The Court is serving a copy of this Order by electronic mail on the individuals listed in the July 3, 2022, email to the Court in Case No. 2:20-cv-00236-KGB.
It is so ordered this 10th day of January, 2023.