IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION

VENITHER JOHNSON, individually ) and on behalf of others similarly situated, ) Plaintiff, ) v. ) Case No. 1:21-cv-01118-STA-jay ) VOLUNTEER HOME CARE, INC. ) ) ) Defendant. )

ORDER GRANTING MOVANTS’ MOTION TO SUBSTITUTE PARTIES

Before the Court is Movants’ Motion to Substitute Parties pursuant to Fed. R. Civ. P. 25. (ECF No. 17.) Plaintiff Venither Johnson passed away on October 18, 2021. Her claims made pursuant to the Fair Labor Standards Act, were not extinguished by her passing and may appropriately be pursued by her successors. See, e.g., Daigle v. Angeline Enter., Inc.,

*1 (M.D. Fla. Oct. 27, 2015) (“a claim for compensation due under the FLSA survives the death of the employee”); accord Acebal v. U.S., 60 Fed. CL. 551, 557 (2004); Lai Yoong Low, et. al. v. Tian Yu, Inc., et. al.,

*3 (S.D.N.Y. March 9, 2015); McFeely v. Jackson Street Entertainment, LLC.,

*2 (D. Md. Aug. 19, 2014); Veliz v. Cintas Corp.,

*2, n.2 (N.D. Cal. July 17, 2008). Movants have established that they are the intestate heirs and successors to Mrs. Johnson. Furthermore, Movants have consulted with counsel for Defendant, and Defendant does not oppose the Motion. For these reasons, Movant’s Motion to Substitute Parties (ECF No. 17) is GRANTED. It is therefore ORDERED pursuant to Fed. R. Civ. Pro. 25 that James Johnson, Denardo Goff and Prentice Goff are hereby substituted as parties plaintiff in this matter in the place of Plaintiff Venither Johnson.

IT IS SO ORDERED.

s/ S. Thomas Anderson S. THOMAS ANDERSON CHIEF UNITED STATES DISTRICT JUDGE

Date: December 10, 2021.