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

> District Court, N.D. Ohio · March 10, 2023

URL: https://www.frixlaw.com/law-library/cases/10371769

## Case

- **Court:** District Court, N.D. Ohio
- **Decided:** March 10, 2023
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10371769

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10371769. Public record. Not legal advice.