Young v. Rios et al

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
GEORGE SOLER YOUNG, )
)
Plaintiff, )
)
v. ) Case No. CIV-15-641-G
)
HECTOR A. RIOS et al., )
)
Defendants. )
ORDER
In a Response (Doc. No. 227) filed on December 3, 2024, Plaintiff George Soler
Young stated: “Plaintiff was recently advised that Defendant [Russell] Hill died earlier this
year, and a probate has been opened. Plaintiff is evaluating whether to file a motion to
substitute Mr. Hill’s personal representative.” Pl.’s Resp. (Doc. No. 227) at 2.
Pursuant to Federal Rule of Civil Procedure 25(a), “If a motion [for substitution] is
not made within 90 days after service of a statement noting the death, the action by or
against the decedent must be dismissed.” Fed. R. Civ. P. 25(a)(1). As of this date, no
motion to substitute regarding Defendant Hill has been filed. In addition, Defendants
continue to identify Defendant Hill as an intended witness at trial in this matter, which is
set upon the Court’s June 2025 jury trial docket. See Proposed Final Pretrial Report (Doc.
No. 249) at 15.
IT IS THEREFORE ORDERED that, within fourteen (14) days of the date of this
Order, Plaintiff shall file a formal suggestion of death, a motion for or stipulation of
dismissal of claims against Defendant Hill, or other clarification as to Plaintiff’s requested
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disposition of this action as it pertains to Defendant Hill. See Fed. R. Civ. P. 25(a); see
also Holland v. Trout, No. CIV-18-511-G, 2019 WL 2298792, at *1 (W.D. Okla. May 30,
2019).
IT IS SO ORDERED this 9th day of May, 2025.
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