Carter v. Essex Cnty. Hosp. Ctr.

Full title: SHEILA CARTER, Plaintiff, v. ESSEX COUNTY HOSPITAL CENTER, Defendant.

Court: United States District Court, D. New Jersey

Date published: Feb 7, 2023

Civil Action 19-21063 (SDW)(AME) (D.N.J. Feb. 7, 2023)

Opinion

Civil Action 19-21063 (SDW)(AME)

02-07-2023

SHEILA CARTER, Plaintiff, v. ESSEX COUNTY HOSPITAL CENTER, Defendant.

SUSAN D. WIGENTON, UNITED STATES DISTRICT JUDGE.

NOT FOR PUBLICATION

WHEREAS OPINION

SUSAN D. WIGENTON, UNITED STATES DISTRICT JUDGE.

THIS MATTER having come before this Court upon Defendant Essex County Hospital Center's (“Defendant”) filing of a Motion to Dismiss Plaintiff Sheila Carter's (“Plaintiff”) Complaint, (D.E. 41), and this Court having reviewed the Complaint, (D.E. 1), and Defendant's Motion to Dismiss; and

WHEREAS Plaintiff's counsel filed a Suggestion of Death in which it notified “the Court and counsel for Defendant Essex County Hospital Center that Plaintiff Sheila Carter died on April 21, 2022,” (D.E. 39); and

WHEREAS Federal Rule of Civil Procedure (“Rule”) 25 provides:

If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent's successor or representative. If the motion 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); and

WHEREAS a motion for substitution was not filed by any party or Plaintiff's successor within the 90-day timeframe provided by Rule 25;¹ therefore, Defendant's Motion to Dismiss, (D.E. 41), is GRANTED with prejudice. An appropriate Order follows.

1 Plaintiff's counsel also did not submit an opposition to Defendant's Motion to Dismiss.