Opinion
No. CV-06-1610-PHX-LOA.
July 17, 2006
ORDER
On July 13, 2006, Plaintiff's counsel filed a Notice Of Death and Request For Stay. (docket # 6) Plaintiff's counsel requests a stay in the proceedings due to the death of Plaintiff until such time as the executor or beneficiary is identified and decides whether to continue with the litigation. No express period of time is requested. A review of the current docket does not indicate whether any Defendant herein has been served to date.
Good cause appearing,
IT IS ORDERED that Notice Of Death and Request For Stay (docket # 6) is GRANTED and this matter, the deadline for compliance without sanctions with this Court's July 6, 2006, Order (dkt. #5) and service of the Complaint under Rule 4(m), FED.R.CIV.P., is hereby STAYED for 60 days from July 13, 2006 to Monday, September 11, 2006.
Pursuant to Rule 25(a), FED.R.CIV.P., Plaintiff's counsel and Plaintiff's representative are hereby notified that if no motion for substitution of Plaintiff is not filed with ninety (90) days of the date Plaintiff's death was suggested on the record (July 13, 2006) and properly served, this lawsuit may be involuntarily dismissed without prejudice.
IT IS FURTHER ORDERED that all pleadings filed herein shall contain the following case number and initials until further order of the Court: CV-06-1610-PHX-LOA.