Opinion
6:21-cv-1231-CEM-LHP
10-13-2022
ORDER
LESLIE HOFFMAN PRICE, MAGISTRATE JUDGE
(And Direction to Clerk of Court)
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: SUGGESTION OF DEATH UPON THE RECORD UNDER RULE 25(a)(1) and UNOPPOSED MOTION FOR SUBSTITUTION OF PARTIES (Doc. No. 19)
FILED: October 7, 2022
THEREON it is ORDERED that the motion is GRANTED.
Joseph Keith Williams, Power of Attorney for Betty G. Williams, filed a Complaint for Long Term Care Insurance Benefits against Defendant Allianz Life Insurance Company of North America. Doc. No. 1-1. By the present motion, Mr. Williams wishes to be substituted as the named Plaintiff in his capacity as personal representative of Ms. Williams' estate, stating that Ms. Williams passed away on April 19, 2022. Doc. No. 19. See also Doc. No. 19-1 (August 12, 2022 Letters of Administration appointing Mr. Williams as personal representative of the estate of Betty June Williams). Defendant does not oppose the requested substitution. Id. ¶ 6.
Although the above-styled motion suggests that Betty Williams is the named Plaintiff, the case was instituted by Joseph Keith Williams, Power of Attorney for Betty Williams. See Doc. No. 1-1.
Upon consideration, the Court finds the request well taken. See Fed.R.Civ.P. 25(a). Joseph Keith Williams, personal representative of the estate of Betty June Williams, is hereby substituted as Plaintiff in this case, and the Clerk of Court shall amend the caption of the case to reflect the substitution.
DONE and ORDERED