IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
April 13, 2006
LESTER BAIN, PLAINTIFF,
FRANK WALKER, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Donald G. Wilkerson United States Magistrate Judge
This matter is before the Court because the Court has been informed that Defendants Bill Hill, Frank Walker, Bob Ruddick, and Fred Dedman are deceased. Waivers of service have been returned un-executed with respect to Bill Hill, Frank Walker, and Bob Ruddick (Doc. 39, 40, and 41). Each of these waivers indicate that the Jefferson County Sheriff's Department has represented that these men are deceased. Additionally, attorney Jerome. E. McDonald, of the law firm Cambell, Black, Carnine, Hedin, Ballard & McDonald in Mt. Vernon, Illinois, who represents the City of Mt. Vernon, has indicated to the Court, and to the Plaintiff, that Fred Dedman also is deceased.*fn1
Therefore, pursuant to Federal Rule of Civil Procedure 25(a) and in light of this suggestion of death upon the record, the Plaintiff (or the Defendants) must file a motion for substitution if he believes that his claims against these four men survive their death. Such a motion must be filed by July 12, 2006.*fn2 As provided by Rule 25(a), if a motion to substitute is not filed, this Court will recommend to the District Court that the claims against Bill Hill, Frank Walker, Bob Ruddick, and Fred Dedman be dismissed.