Opinion
Case No. 11-12260
02-17-2012
RONALD SHEGOS, Plaintiff, v. TOM PLUMB, CHAD WYSOCKI, RICK PARKS, and CITY OF MT. MORRIS, Defendants.
Honorable David M. Lawson
ORDER DIRECTING PERSONAL REPRESENTATIVE OF PLAINTIFF'S ESTATE
TO MOVE FOR SUBSTITUTION OF PARTY
On February 14, 2012, plaintiff's counsel filed a suggestion of death, indicating that plaintiff Ronald Shegos passed away on December 29, 2011. Federal Rule of Civil Procedure 25 allows the court to substitute "the proper party" where death of a party does not extinguish the claim. Fed. R. Civ. P. 25(a)(1). A section 1983 claim is not extinguished by death. See Robertson v. Wegmann, 436 U.S. 584, 588 (1978); Mich. Comp. Laws § 600.2921. The capacity of an individual to sue is "determined by the law of the individual's domicile." Fed. R. Civ. P. 17(b). In Michigan, a claim for damages resulting from injury survives the death of the injured person. See Mich. Comp. Laws. § 600.2921. Such claims may only be brought "by, and in the name of, the personal representative of the estate of the deceased person." Mich. Comp. Laws § 600.2922(2).
"A motion for substitution may be made by any party or by the decedent's successor or representative." However, "[i]f 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). Therefore, the Court will require the personal representative of the plaintiff's estate to move for substitution within ninety days.
Accordingly, it is ORDERED that the personal representative of the plaintiff's estate must move for substitution on or before May 17, 2012 or the case will be dismissed.
____________________________
DAVID M. LAWSON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on February 17, 2012.
Deborah R. Tofil
DEBORAH R. TOFIL