August 16, 2013
CRAIG BRUCE, Plaintiff,
HARTFORD INSURANCE, Defendant.
ANN AIKEN, District Judge.
Plaintiff filed suit after defendant terminated his long-term disability payments and sought repayment. On February 28, 2013, defendant filed a Statement Noting Party's Death, indicating that the named plaintiff in this action died on October 4, 2012, after suit was filed. Doc. 9. Defendant also apparently made efforts to identify a personal representative of plaintiff's estate. Defendant now seeks to dismiss this action.
Under Fed.R.Civ.P. 25 (a) (1), if a motion seeking substitution of a deceased party is not made within ninety days after a statement noting the party's death, the action must be dismissed. Here, no party has sought substitution or responded to defendant's motion, and defendant has been unable to identify a personal representative or successor. Patton Decl.; Barker Decl. Therefore, dismissal is warranted.
Accordingly, defendant's Motion to Dismiss (doc. 12) is GRANTED, and this action is DISMISSED.
IT IS SO ORDERED.