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Jackson v. City of Selma

United States District Court, S.D. Alabama, Northern Division

June 19, 2014

DEBRA JACKSON, et al., Plaintiffs,
v.
CITY OF SELMA, ALABAMA, et al., Defendants.

ORDER

KRISTI K. DuBOSE, District Judge.

This action is before the Court on the Plaintiffs' "Motion to Substitute and Supplemental Response to Motion to Dismiss" (Doc. 33). The Plaintiffs represent that, pursuant to Ala. Code ยง 43-2-172, [1] Harris Huffman, Jr., Sheriff of Dallas County, Alabama, has been appointed as administrator of the Estate of Dwight Moorer. The Plaintiffs have attached an order (Doc. 33-1) and letters of administration (Doc. 33-2) issued by the Probate Court of Dallas County, Alabama, indicating such an appointment has been made. The Plaintiffs now move the Court "to substitute Dallas County Sheriff Harris Huffman, Jr. as the administrator and personal representative of the Estate of Dwight Moorer" in place of Catherine Moorer and Denise Grayson. (Doc. 33 at 2).

Federal Rule of Civil Procedure 25 allows for substitution of parties in the event 1) "a party dies and the claim is not extinguished, " Rule 25(a)(1); 2) "a party becomes incompetent, " Rule 25(b); 3) "an interest is transferred, " Rule 25(c); or 4) "a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while the action is pending[, ]" Rule 25(d). The Plaintiffs' motion implicates none of these situations. Accordingly, the Plaintiffs' motion to substitute (Doc. 33) is DENIED.

However, pursuant to Federal Rule of Civil Procedure 15(a)(2) (except as provided in Rule 15(a)(1), "a party may amend its pleading only with the opposing party's written consent or the court's leave..."), the Plaintiffs are hereby granted leave to file an amended complaint only for the purpose of naming Sheriff Huffman as the estate's representative in place of Catherine Moorer and Denise Grayson. Any further amendment must be sought in accordance with Rule 15(a)(2).[2]


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