Opinion
CIVIL ACTION NO.: 15-00440-BAJ-SCR
01-04-2016
DEBORAH THOMAS v. R.G. CLAITOR'S REALTY
ORDER
On April 24, 2015, Plaintiff Deborah Thomas ("Plaintiff") filed a complaint, as amended, asserting one claim pursuant to Title III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12181 et seq. (See Docs. 1. 13). Plaintiff was limited to requesting declaratory and injunctive relief. See 42 U.S.C. § 12188(a). On October 1, 2015, Plaintiffs counsel filed a suggestion of death pursuant to Federal Rule of Civil Procedure ("Rule") 25(a)(1). (See Doc. 18). Pursuant to Rule 25(a)(1), a motion to substitute Plaintiff was required to have been filed within 90 days after service of the statement noting her death. Fed. R. Civ. P. 25(a)(1). Because a motion to substitute has not been filed within this time limit, the Court is required to dismiss Plaintiffs action. Id.
The Court further determines that Plaintiffs death rendered her claim seeking declaratory and injunctive relief under the ADA moot. See Flores v. Fox, 394 Fed.Appx. 170, 171-72 (5th Cir. 2010) (citing Rhodes v. Stewart, 488 U.S. 1, 4 (1988); Copsey v. Swearingen, 36 F.3d 1336, 1339 n.3 (5th Cir. 1994)); Barria u. Yu, No. 08-cv-0908 BEN-CAB, 2010 WL 2653322, at *1 (S.D. Cal. July 1, 2010). Therefore, a party could not—and cannot—be properly substituted as to Plaintiff for the only claim she asserted. Id.
For the reasons stated above,
It is ORDERED that Plaintiffs complaint is DISMISSED WITH PREJUDICE.
Considering the Court's Order. Defendant R.G. Claitor Realty's Motion to Dismiss for failure to Join a Party Under Rule 19 (Doc. 14) is rendered moot. --------
Baton Rouge. Louisiana, this 4th day of January. 2016.
/s/ _________
BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA