Salameno v. Rawlings
- Paul Gardephe
- 1:19-cv-04442
- U.S. District Court · Southern District of New York
- 1
In Salameno v. Rawlings, Judge Moses noted Lawrence Salameno’s death and explained Rule 25’s 90-day substitution deadline.
The order concerns the handling of Lawrence Salameno’s claims after his death and the possible substitution of his successor or representative, including Theresa Salameno as the reported executor of his estate.
What happened
In Salameno v. Rawlings, the court reviewed the plaintiffs’ letter reporting Lawrence Salameno’s death and Theresa Salameno’s appointment as executor of his estate.
The court quoted Federal Rule of Civil Procedure 25, which allows a party or the deceased person’s successor or representative to request substitution. It states that the case involving the deceased person must be dismissed if substitution is not requested within 90 days after notice of the death is formally served.
Judge Barbara Moses extended condolences to the Salameno family and issued the order on March 23, 2020. The opinion does not state that the court granted or denied a substitution request.
The detailed version
- Salameno v. Rawlings · No. 1:19-cv-04442
- Paul Gardephe
- Mar. 23, 2020
Background
The court received and reviewed a March 20, 2020 letter from the plaintiffs. The letter reported the death of plaintiff Lawrence Salameno and stated that plaintiff Theresa Salameno had been appointed executor of his estate. Brittany Rawlings, SmartBoss Inc., and FashionBoss Inc. were named as defendants.
Applicable Rule
Federal Rule of Civil Procedure 25(a)(1) addresses substitution after a party’s death. It provides that a party or the deceased person’s successor or representative may file a motion for substitution. If that motion is not filed within 90 days after service of a statement noting the death, the action by or against the deceased person must be dismissed.
Order
The court acknowledged the death and the reported appointment of Theresa Salameno as executor, extended condolences to the Salameno family, and stated the Rule 25 deadline. The opinion does not state that a motion for substitution was filed or that the court granted or denied substitution. Judge Barbara Moses signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.