Harper v. Trumbull

Background

Paul Allen Harper sued Patricia V. Trumbull. According to the administrative motion, Harper served the complaint and summons on Trumbull through her attorney on November 6, 2023. Trumbull later filed a motion to dismiss. The court granted that motion on January 29, 2024, entered judgment the same day, and closed the case.

Trumbull died on January 14, 2024. The United States filed a statement noting her death on January 17, 2024, and served it on Harper. After the dismissal, Harper requested entry of default, but the clerk declined the request on February 13, 2024.

Administrative Motion

On March 15, 2024, the United States filed an administrative motion under Civil Local Rule 7-11 and Federal Rule of Civil Procedure 6(b)(1)(A). It asked the court to continue the deadline for filing an opposition to Harper’s March 1 motion to alter or amend the judgment under Rules 59(a) and 59(e). Harper’s motion also cited Rule 25(a)(1), which concerns substitution after a party’s death, and Rule 55, which concerns default judgment.

The United States stated that the former counsel for Trumbull could not file an opposition on Trumbull’s behalf because of her death. It further stated that Harper’s motion did not request substitution and that no substitution motion had been filed or granted. The United States argued that Harper’s Rule 59(e) motion was untimely, that he had not shown grounds for reconsideration under Rules 59 or 60(b), that the clerk correctly declined to enter default, and that no attorney or other representative was required to file a substitution motion. Alternatively, if the court required more briefing or a hearing, the United States asked to continue the opposition deadline until a proper defendant was substituted.

Ruling

Judge Haywood Gilliam denied the United States’ administrative motion. The order did not state a reason for the denial and did not rule on the merits of Harper’s motion to alter or amend the judgment.