Restrepo v. Monte's Trattoria, Ltd.
Jose Restrepo, on behalf of himself and others similarly situated v. Monte’s Trattoria, LTD. et al.
- Vargas
- 1:24-cv-04482
- U.S. District Court · Southern District of New York
- 2
In Jose Restrepo v. Monte’s Trattoria, Judge Vargas allowed Maria Rivas to replace deceased class member Jose Quizhpi under a federal substitution rule.
Maria Rivas, as the surviving spouse and estate representative of deceased class member Jose Quizhpi, may be substituted for Quizhpi in the case. The order also affects the class action brought by Jose Restrepo and the defendants, who did not oppose the request.
What happened
Jose Restrepo v. Monte’s Trattoria involved Class Counsel’s request to replace deceased class member Jose Quizhpi with his surviving spouse, Maria Rivas.
Quizhpi died married to Rivas and without a will, and the opinion says there was no indication that anyone planned to begin a probate proceeding. The defendants did not oppose the request. The court concluded that Quizhpi’s claims survived his death under New York law and that Rivas represented his estate.
Judge Jeannette A. Vargas granted Class Counsel’s motion to substitute Quizhpi. The order addressed the substitution request and did not decide the underlying claims.
The detailed version
- Restrepo v. Monte's Trattoria, Ltd. · No. 1:24-cv-04482
- Vargas
- Aug. 29, 2025
Background
On July 31, 2025, Class Counsel asked the court to substitute Maria Rivas for deceased class member Jose Quizhpi. Quizhpi died on February 17, 2021, while married to Rivas. He died without a will, and the opinion states that no one appeared likely to begin a probate proceeding to establish a formal estate. The defendants did not oppose the request.
Court’s analysis
Federal Rule of Civil Procedure 25(a) allows a court to substitute a proper party when a party dies and the claim continues after death. The court explained that whether a claim survives is determined under the substantive law governing the claim. Under New York law, a claim for injury to a person or property is not lost because the injured person dies.
The court concluded that, because Quizhpi died without a will, Rivas was the representative of his estate. Quizhpi’s right to bring the action therefore survived his death and passed to the estate, making Rivas a proper substitute party. The court also found that the death certificate attached to Rivas’s declaration satisfied the notice requirements under the applicable federal rules.
Disposition
The court GRANTS Class Counsel’s motion to substitute class member Jose Quizhpi. The order concerns the substitution of a party and does not resolve the underlying claims in Jose Restrepo’s case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.