Opinion

Yarnell v. Board of Education of the Springfield Local School District, Lucas County, Ohio

Court
District Court, N.D. Ohio
Filed
Mar 10, 2023
Cited by
0 cases
Authority
More cited than 28.1%

The opinion

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO

WESTERN DIVISION

Charles R. Yarnell, Case No. 3:20-cv-2420

Plaintiff,

v. ORDER

Board of Education of the Springfield

Local School District, Lucas County, Ohio,

Defendant.

On March 7, 2023, counsel for Plaintiff Charles R. Yarnell filed a notice of suggestion of Mr.

Yarnell’s death. (Doc. No. 24). Rule 25(a) requires the dismissal of an action if a motion for

substitution of a proper party is not made “within 90 days after service of a statement noting the

death . . . .” Fed. R. Civ. P. 25(a)(1); see also Ault v. Oberlin Coll., 620 F. App’x 395, 396 n.3 (6th Cir.

2015); Fossyl v. Milligan, 317 F. App’x 467, 469 n.1 (6th Cir. 2009). Accordingly, a motion for

substitution of a proper plaintiff must be made on or before June 5, 2023, or this case will be

dismissed. Defendant’s motion for summary judgment will be held in abeyance pending

substitution.

So Ordered.

s/ Jeffrey J. Helmick

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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