CFS 12 Funding LLC v. Wiesen
- P. Castel
- 1:21-cv-09711
- U.S. District Court · Southern District of New York
- 2
CFS 12 Funding LLC v. Wiesen: Judge Castel ordered counsel to investigate whether Wiesen had died before deciding the arbitration-confirmation motion.
The order affects the petitioners’ counsel, who must investigate and report on Wiesen’s status, and Wiesen or a possible representative, who may respond.
What happened
In CFS 12 Funding LLC and AC Manager LLC v. Jeremy L. Wiesen, a motion to confirm an arbitration award was awaiting decision. Wiesen represented himself. The court noted that an online obituary appeared to describe him and reported that a person with that name had died, but the court did not determine that he was deceased.
The court explained that Federal Rule of Civil Procedure 25 provides a process for substituting a deceased party when the claim continues. The rule allows a party or the deceased person’s successor or representative to seek substitution, and provides for dismissal if no substitution motion is made within 90 days after formal notice of the death.
Judge Castel directed the petitioners’ lawyers to investigate Wiesen’s status and file a letter by October 17, 2022, describing any developments. Wiesen or his representative could respond. The order did not decide the motion to confirm the arbitration award.
The detailed version
- CFS 12 Funding LLC v. Wiesen · No. 1:21-cv-09711
- P. Castel
- Oct. 3, 2022
Background
The petitioners, CFS 12 Funding LLC and AC Manager LLC, had filed a motion to confirm an arbitration award. The motion had been fully submitted and was awaiting the court’s decision. Jeremy L. Wiesen represented himself without a lawyer.
The court referred to an online obituary for a person named Jeremy Lester Wiesen. It stated that the person died on July 24, 2022, and included biographical details that appeared consistent with the respondent’s information. The court did not make a factual finding that the respondent had died.
Rule Discussed
The court discussed Federal Rule of Civil Procedure 25(a), which governs replacing a party who has died. If the claim continues after the death, the court may allow the proper successor or representative to be substituted. A party, or the deceased person’s successor or representative, may request substitution. If no substitution motion is made within 90 days after formal notice of the death is served, the action by or against the deceased party must be dismissed.
Order
The court directed counsel for the petitioners to investigate Wiesen’s status and make reasonable inquiries about any developments. Counsel had to file a letter by October 17, 2022, explaining what they learned. Wiesen, or a representative of Wiesen, could submit a response.
The court did not rule on the motion to confirm the arbitration award. Judge P. Castel entered the order on October 3, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.