Opinion
MDL 14-MD-2543 (JMF) 1:19-cv-11069
03-30-2022
IN RE GENERAL MOTORS, LLC IGNITION SWITCH LITIGATION This applies to JASON TODD JENNINGS, Plaintiff, v. GENERAL MOTORS, LLC,
BRETT A. EMISON LANGDON & EMISON, LLC COUNSEL FOR PLAINTIFFS
BRETT A. EMISON LANGDON & EMISON, LLC COUNSEL FOR PLAINTIFFS
UNOPPOSED MOTION TO SUBSTITUTE PROPER PARTY WITH MEMORANDUM OF LAW IN SUPPORT
Willa Sue Alexander, Personal Representative of the Estate of Jason Todd Jennings, deceased, files this Motion to Substitute Proper Party and shows the Court:
1. Pursuant to Federal Rule of Civil Procedure 25(a)(1), “If a party dies and the claim is not extinguished, the court may order substitution of the proper party.”
2. “A motion for substitution may be made by any party or by the decedent's successor or representative.” Id.
3. It is well-established that a decedent's legal representative may substitute as plaintiff for the decedent in a cause of action. Sharp v. Ally Fin., Inc., 328 F.Supp.3d 81, 103 (W.D.N.Y. 2018); Roe v. City of New York, No. 00 CIV.9062 (RWS), 2003 WL 22715832, at *2 (S.D.N.Y. Nov. 19, 2003) (“A ‘proper party' for substitution under Rule 25(a)(1) is ‘either (1) a successor of the deceased party-a distributee of an estate if the estate of the deceased has been distributed at the time the motion for substitution has been made, or (2) a representative of the deceased party-a person lawfully designated by state authority to represent the deceased's estate.'” (citation omitted)).
4. This Court has previously been informed of the death of plaintiff Jason Todd Jennings, which occurred on or about February 17, 2020. (Doc. 45).
5. In diversity cases, since Erie R. Co. v. Tompkins, 304 U.S. 64 (1938), the law of the state governs the remedies. Cinnamon v. Abner A. Wolf, Inc., 215 F.Supp. 833, 834 (E.D. Mich. 1963). Mr. Jennings was a resident of Missouri at the time of his death and a resident of Missouri at the time of his motor vehicle accident, which occurred in Missouri. (Doc. 1, p. 1). Defendant General Motors, LLC is a citizen and resident of the states of Michigan and Delaware. Id.
6. Under Missouri, Michigan, and Delaware law, Plaintiff Jason Todd Jenning's injury claim survived his death and can be maintained by his personal representative. See R.S.Mo. § 537.020 (West); Mich. Comp. Laws Ann. § 600.2921 (West) (“All actions and claims survive death”); Mich. Comp. Laws Ann. § 600.2922 (West); Del. Code Ann. tit. 10, § 3701 (West).
7. Willa Sue Alexander was appointed Personal Representative of the Estate of Jason Todd Jennings on or about June 5, 2020. See Letters of Administration, attached as Exhibit A.
8. Thus, in accordance with Missouri, Michigan, and Delaware law, and pursuant to Federal Rule of Civil Procedure 25, Willa Sue Alexander, as Personal Representative of the Estate of Jason Todd Jennings, should be substituted as the proper party for the decedent Plaintiff in her individual and representative capacity.
9. The undersigned counsel conferred with Defendant's counsel, and Defendant is not opposed to this Motion.
WHEREFORE, Willa Sue Alexander requests the Court substitute Willa Sue Alexander, as Personal Representative of the Estate of Jason Todd Jennings, for decedent Plaintiff in this case.
SO ORDERED.