DeLeon v. Dunaway

Background

The plaintiffs—Jason Deleon, Ana Carraca-Deleon, Ariela Rosa Mori-Gehring, and Walter Gehring—asserted claims against Douglas Dunaway, Maria Louise Dunaway, and Michael Dunaway. The complaint included claims alleging an ongoing campaign of harassment, racial taunts, and intimidation, including alleged violations of 42 U.S.C. § 1982.

Maria Louise Dunaway died during the case. Douglas Dunaway filed a statement under Federal Rule of Civil Procedure 25 and a death certificate. The court stayed the case while an administrator for Maria Louise Dunaway’s estate was appointed. Douglas Dunaway later informed the court that the Westchester County Surrogate’s Court had appointed him administrator of the estate.

Motion and governing rule

The plaintiffs moved under Rule 25(a)(1) to substitute Douglas Dunaway as administrator of Maria Louise Dunaway’s estate for Maria Louise Dunaway as a defendant. Rule 25 permits substitution when a party dies and the claim is not extinguished. The court explained that claims considered penal generally end at death, while remedial claims generally survive. The court also noted that Rule 25 ordinarily requires a substitution motion within 90 days after service of a statement noting the death, with a possible extension when identifying the proper representative is significantly difficult.

Ruling

The court found that the claims in this action were remedial in nature and therefore survived Maria Louise Dunaway’s death. It granted the plaintiffs’ motion without opposition and ordered that Douglas Dunaway, as the administrator of Maria Louise Dunaway, be substituted for Maria Louise Dunaway. The court directed the plaintiffs to serve the Opinion and Order on the named defendants by regular mail within 21 days and file proof of service. The Clerk was directed to terminate the motion at ECF No. 44.

Judge Nelson S. Roman’s order addressed the substitution issue only; it did not decide the merits of the plaintiffs’ underlying claims.