Garrett v. First Advantage Background Services Corp.

Background

Counsel for Michael Garrett notified the court on September 18, 2023, that Garrett had died. Counsel reported that the parties had reached a full settlement before Garrett’s death and later confirmed that information at a status conference. Counsel also stated that Garrett had intended and expected the settlement to result in dismissal of all defendants.

The court had granted a stipulated dismissal of all but one defendant based on Garrett’s voluntary dismissal with prejudice. Saks Fifth Avenue LLC was the only remaining defendant. Counsel later stated that Saks was not an active party because it had not been named in the Second Amended Complaint, but the court said it was unclear whether that complaint was the operative complaint. The court nevertheless acknowledged counsel’s statement that the intention was to dismiss Saks as well.

Rule and Analysis

Federal Rule of Civil Procedure 25(a)(1) permits substitution of a proper party when a party dies and the claim continues. The rule requires dismissal if no party, successor, or representative moves for substitution within 90 days after a statement noting the death is served.

Garrett’s counsel filed and served the statement noting his death on September 18, 2023. No party or non-party filed a substitution motion within the required 90-day period. The court therefore concluded that dismissal under Rule 25(a)(1) was proper.

Ruling

Judge Gregory H. Woods dismissed Garrett’s remaining claims against Saks Fifth Avenue LLC without prejudice. The Clerk of Court was directed to close the case.