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McGovern v. City of New York

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


December 21, 2006

DENNIS MCGOVERN & LINDA MCGOVERN, PLAINTIFFS,
v.
THE CITY OF NEW YORK, LIEUTENANT JOHN CABAN, POLICE OFFICER MCLARNEY, POLICE OFFICER STEVEN OWENS, LIEUTENANT TOM RICCIARDI, POLICE OFFICER ORLANDO RUIZ, DEFENDANTS.

The opinion of the court was delivered by: Denise Cote, District Judge

ORDER

Plaintiffs filed this 42 U.S.C. § 1983 action on February 9, 2006. On September 12, defendants' counsel filed a Rule 25(a) Suggestion of Death for plaintiff Dennis McGovern, who died on September 4. Plaintiffs' counsel requested an opportunity to move to amend the complaint in order to substitute Linda McGovern as administratrix on behalf of Dennis McGovern's estate, once the appointment was complete. By a September 27 memo endorsement, this Court granted the request to the extent plaintiff acts with appropriate diligence, and stated that plaintiff should seek consent from defendants before filing any motion. It has been more than 90 days since the Suggestion of Death was filed, and no motion for substitution has been made. It is hereby

ORDERED that if a motion for substitution for Dennis McGovern is not made by January 19, 2007, this action shall be dismissed pursuant to Rule 25, Fed. R. Civ. P.

SO ORDERED:

20061221

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