Poletti v. Pepsi-Cola Bottling Company Of New York, Inc.
- Vernon Broderick
- 1:21-cv-07603
- U.S. District Court · Southern District of New York
- 3
In Poletti v. Pepsi-Cola, Judge Lehrburger granted Natalie Blue Murn’s request to replace deceased plaintiff George Murn in the case.
Natalie Blue Murn was substituted for George Murn as a plaintiff in her capacity as administrator of his estate. The order also affected the case caption and left the estate’s separate voluntary-dismissal request for a later conference.
What happened
In Poletti v. Pepsi-Cola Bottling Company Of New York, Inc., Natalie Blue Murn asked to replace George Murn as a plaintiff after his death. She made the request as administrator of his estate, and the motion was unopposed.
The court found that the request was filed on time, that the claims could continue after George Murn’s death, and that Natalie Blue Murn was the proper person to represent his estate. The claims included claims under federal and New York wage laws, the New York Franchise Law, and a claim for unjust enrichment.
Judge Robert W. Lehrburger granted the motion to substitute Natalie Blue Murn for George Murn in the case caption. The court did not decide the separate request to voluntarily dismiss Natalie Blue Murn’s claims on behalf of the estate; it said a conference would be scheduled to discuss that request.
The detailed version
- Poletti v. Pepsi-Cola Bottling Company Of New York, Inc. · No. 1:21-cv-07603
- Vernon Broderick
- Dec. 12, 2024
Background
Natalie Blue Murn, acting as administrator of the Estate of George Murn, moved under Federal Rule of Civil Procedure 25(a)(1) to substitute herself for George Murn as a plaintiff after his death. She also sought voluntary dismissal without prejudice of her claims on behalf of the estate. The motion was unopposed. This order addressed only the substitution request; the court stated that it would schedule a conference about the voluntary-dismissal request.
Court’s analysis
Rule 25(a)(1) permits substitution when a party dies and the party’s claim has not ended. The court identified three requirements: the substitution motion must be timely, the claims must survive the person’s death, and the proposed substitute must be the proper party.
The court found all three requirements satisfied. The motion was filed within 90 days after service of a statement noting George Murn’s death. The claims—under the Fair Labor Standards Act, the New York Labor Law, and the New York Franchise Law, along with a claim for unjust enrichment—survive a plaintiff’s death. The court also found Natalie Blue Murn to be a proper substitute because she was the administrator of George Murn’s estate, as shown by her appointment and letters of administration.
Disposition
The court granted Natalie Blue Murn’s motion to substitute. It directed the Clerk of Court to replace George Murn in the case caption with “Natalie Blue Murn, in her capacity as Administrator CTA of the Estate of George Murn.” The order did not rule on the separate request for voluntary dismissal without prejudice.
Judge
The order was signed by Robert W. Lehrburger, United States Magistrate Judge.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.