Opinion
CIVIL ACTION NO. 1:11-00607
06-29-2017
UNITED STATES OF AMERICA, Plaintiff, v. TIMOTHY W. CANADAY, et al., Defendants.
MEMORANDUM OPINION AND ORDER
Pending before the court is plaintiff's motion to substitute T.A. Bailey, as representative of the Estate of Timothy W. Canaday, as a party in this action for the deceased defendant, Timothy W. Canaday. (ECF No. 15). Timothy Canaday died on December 5, 2016. (ECF No. 14). On May 4, 2017, the Clerk of the Mercer County Commission in the state of West Virginia appointed Sheriff T.A. Bailey as the administrator of the Estate of Timothy W. Canaday. (ECF No. 15-1). Accordingly, plaintiff's motion to substitute is GRANTED.
This matter was stayed because Canaday filed for bankruptcy. The bankruptcy proceeding having been concluded, that stay is LIFTED and the Clerk is directed to REINSTATE this matter to the court's active docket. --------
The Clerk is directed to send a copy of this Memorandum Opinion and Order to counsel of record and unrepresented parties.
IT IS SO ORDERED this 29th day of June, 2017.
ENTER: /s/_________
David A. Faber
Senior United States District Judge