Leekley-Winslow v. Fairview Health Services
- Susan Nelson
- 0:19-cv-00587
- U.S. District Court · District of Minnesota
- 4
In Leekley-Winslow v. Fairview Health Services, Judge Menendez stayed the case for 30 days while counsel investigated the plaintiff’s possible death.
The order affects Colton Leekley-Winslow, any person who might seek to continue the case on his behalf, and defense counsel for Fairview Health Services, Dr. Chad Trierweiler, and Dr. R. Brian Jones.
What happened
Leekley-Winslow v. Fairview Health Services concerned defense counsel’s report that Colton Leekley-Winslow might have died. The report relied on an obituary but said counsel had no actual proof and had not been contacted by anyone representing him.
The court explained that a federal rule sets procedures for continuing a case when a party dies, including notice and a possible motion to replace that party. The court found that the defense lawyer’s letter was not a formal death notice because it expressed uncertainty and had not been served on the plaintiff’s next of kin.
Judge Menendez stayed the proceedings for 30 days and directed defense counsel to investigate whether the plaintiff had died and, if so, identify and serve the appropriate person or persons. The order did not decide whether he had died or whether anyone would replace him in the case.
The detailed version
- Leekley-Winslow v. Fairview Health Services · No. 0:19-cv-00587
- Susan Nelson
- June 12, 2020
Background
Defense counsel filed a June 11, 2020 letter stating that she believed Plaintiff Colton Leekley-Winslow had died on May 24, 2020. The letter referred to a June 7 obituary that appeared to describe the plaintiff, but counsel stated that she did not have actual proof of his death and had not been contacted by anyone acting on his behalf.
Rule 25 procedure
The court discussed Federal Rule of Civil Procedure 25, which governs what happens when a party dies while litigation is pending. If a claim continues after the party’s death, a proper party may seek substitution. A motion to substitute generally must be filed within 90 days after a formal statement noting the death is served. The court explained that the 90-day period does not begin until a formal suggestion of death has been filed and properly served, including service on the decedent’s successor or representative as required by the rule.
Court’s ruling
The court concluded that the defense counsel’s letter was not a formal suggestion of death under Rule 25 for two reasons: it expressed uncertainty about whether Mr. Leekley-Winslow had died, and the record did not show that any Rule 25 notice had been served on his next of kin.
The court ordered that all proceedings be stayed for 30 days. During that period, defense counsel was directed to take reasonable steps consistent with Rule 25 to determine whether Mr. Leekley-Winslow had died. If he had, counsel was also directed to try to identify the appropriate person or persons to receive formal notice and to serve them with notice and an explanation that service would begin a 90-day period for filing a motion to substitute.
The court further ordered that, by July 13, 2020, if no formal Rule 25 notice had been served and filed, defense counsel must file a letter updating the court about the reasonable efforts taken. The court reserved determination of the next steps, including whether to extend the stay. The order did not determine the plaintiff’s status, rule on substitution, or reach the underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.