Summers v. Carasas ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION ANGELA SUMMERS, ) ) Plaintiff, ) ) v. ) CV420-271 ) LUIS CARASAS, ) ) Defendant. ) ORDER Before the Court is the parties’ Consent Motion to Stay Litigation. Doc. 62. The parties explain that Plaintiff Angela Summers recently passed away, and ask the Court to stay this case pending the creation of her estate, and the substitution of the estate in this case. Doc. 62 at 1- 2. For good cause shown, the consent motion is GRANTED. Doc. 62. The Court, however, declines to stay this case indefinitely. This case is STAYED until March 13, 2023. Accordingly, all discovery deadlines are stayed until March 13, 2023, and the parties’ deadline to file a motion for substitution pursuant to Fed. R. Civ. P. 25(a)(1) is extended to that date. See Lizarazo v. Miami-Dade Cnty., 2018 WL 8224884, at *3 (S.D. Fla. Feb. 16, 2018) (stay order “effectively extend[s] the Rule 25 period for filing a motion to substitute parties in accordance with Rule 6(b) and the advisory committee’s note to the 19683 amendment of Rule 25.”). If Summers’ estate is created before March 138, 2023, Plaintiff is DIRECTED to file a motion for substitution before that date, and the parties are DIRECTED to jointly file a Rule 26(f) Report proposing deadlines for the remainder of discovery in this case before that date. If the estate is not created before March 13, 2023, the parties are DIRECTED to file a joint status report before that date (1) updating the Court on the progress of the estate creation, and (2) requesting an extension of the stay. SO ORDERED, this 13th day of December, 2022. ( baton. (ee CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA