Walters v. WideOrbit, Inc

5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 6 AT SEATTLE JON CROSSLAND, Cause No. C18-1422RSL Plaintiff, v. ORDER OF SUBSTITUTION WIDEORBIT, INC., Defendant.

13 This matter comes before the Court on plaintiff’s “Motion for Substitution of Party on Behalf of the Estate of Plaintiff Jon Crossland.” Dkt. # 66. Federal Rule of Civil Procedure 25(a)(1) provides: Substitution if the Claim Is Not Extinguished. If a party dies and the claim is not 17 extinguished, the court may order substitution of the proper party. A motion for 18 substitution may be made by any party or by the decedent’s successor or representative. If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed.

21 Plaintiff served a statement noting Mr. Crossland’s death on March 11, 2021, and filed this motion for substitution on July 2, 2021. The 90-day deadline may be extended under Fed. R. Civ. P. Rule 6(b), however, including after its expiration if the party failed to act due to “excusable neglect.” Zanowick v. Baxter Healthcare Corp., 850 F.3d 1090, 1094 (9th Cir. 2017). The Court finds excusable neglect in these circumstances, where there was a significant delay in the appointment of a personal representative and the motion for substitution was filed promptly once that person was identified.

The motion for substitution is GRANTED. The Clerk of Court is directed to substitute “Karen Walters, Personal Representative of the Estate of Jon Crossland” in place of Jon Crossland as plaintiff in this action. All future filings shall utilize the revised caption.

Dated this 30th day of July, 2021.

Robert S. Lasnik 11 United States District Judge