From Casetext: Smarter Legal Research

Dickinson v. Elrac, Inc.

United States District Court, N.D. New York
May 11, 2010
Civil Case No. 8:09-CV-1123 (N.D.N.Y. May. 11, 2010)

Opinion

Civil Case No. 8:09-CV-1123.

May 11, 2010

MARK A. SCHNEIDER, ESQ., DANIEL C. CUPPETT, ESQ., LAW OFFICE OF MARK SCHNEIDER, Counsel for Plaintiff, Plattsburgh, NY.

PETER M. KHRINENKO, ESQ., BRAND, GLICK BRAND, P.C., Counsel for Defendants Elrac, Inc., and Enterprise Holdings, Garden City, NY.


DECISION and ORDER


On October 6, 2009, Donald Dickinson ("Plaintiff") filed a Complaint in this personal injury action, asserting claims against Elrac, Inc., Enterprise Holdings, Inc., Randy Dame, and Jennifer Dame. ("Defendants"). (Dkt. No. 11.) On October 28, 2009, Elrac, Inc., and Enterprise Holdings, Inc., appeared in this action by filing their Answer. (Dkt. No. 7.) Randy Dame and Jennifer Dame have not appeared in this action, and no further action has been taken against them. ( See generally Docket Sheet.)

On January 28, 2010, Plaintiff's counsel filed a suggestion of death pursuant to Fed.R.Civ.P. 25, advising the Court that Plaintiff passed away. (Dkt. No. 9.) On January 30, 2010, Plaintiff's counsel served the suggestion of death on Lindsay Dickinson, Plaintiff's next of kin, by certified mail. (Dkt. No. 14.) As of the date of this Decision and Order, no party or successor or representative of Plaintiff has made a motion for substitution, or requested an extension of the deadline by which to file such a motion.

ACCORDINGLY, it is

ORDERED that Plaintiff's Complaint (Dkt No. 1) is DISMISSED pursuant to Fed.R.Civ.P. 25(a).

The Clerk is directed to enter Judgment in favor of Defendants and close this action.


Summaries of

Dickinson v. Elrac, Inc.

United States District Court, N.D. New York
May 11, 2010
Civil Case No. 8:09-CV-1123 (N.D.N.Y. May. 11, 2010)
Case details for

Dickinson v. Elrac, Inc.

Case Details

Full title:DONALD DICKINSON, Plaintiff, v. ELRAC, INC.; ENTERPRISE HOLDINGS, INC.…

Court:United States District Court, N.D. New York

Date published: May 11, 2010

Citations

Civil Case No. 8:09-CV-1123 (N.D.N.Y. May. 11, 2010)