Free Motion to Dismiss - Rule 12(b)(7) - District Court of Federal Claims - federal

Case 1:95-cv-00650-LSM

Document 138

Filed 05/30/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ALFRED ALOISI, et al., ) ) Plaintiffs, ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ______________________________)

No. 95-650L Judge Lawrence S. Margolis

MOTION TO DISMISS DECEASED PLAINTIFF, DONALD W. GOODMAN, UPON FAILURE TO TIMELY SUBSTITUTE PARTIES Defendant hereby moves to dismiss plaintiff Donald W. Goodman, deceased, because Plaintiffs failed to timely substitute parties. On November 20, 2007, Defendant filed with the Court a Suggestion of Death of Plaintiff Donald W. Goodman, who passed away on June 4, 2005. See Suggestion of Death of Plaintiff Donald W. Goodman & Ex. A, thereto, filed Nov. 20, 2007 (Dkt. No. 103). Pursuant to RCFC 25(a)(1), Plaintiffs had 90 days after the death was suggested to the Court to move to substitute parties, or until February 19, 2008. Plaintiffs have not moved to substitute parties, nor have Plaintiffs moved for more time within which to substitute parties. Under RCFC 25(a)(1), "[u]nless the motion for substitution is made not later than 90 days after the death is suggested upon the record . . . the action shall be dismissed as to the deceased party." Accordingly, the late Donald W. Goodman should be dismissed from this action. Respectfully submitted, RONALD J. TENPAS Assistant Attorney General Environment and Natural Resources Division s/ Bruce K. Trauben BRUCE K. TRAUBEN Trial Attorney Natural Resources Section

Case 1:95-cv-00650-LSM

Document 138

Filed 05/30/2008

Page 2 of 2

Environment and Natural Resources Division U.S. Department of Justice P.O. Box 663 Washington, D.C. 20044-0663 (202) 305-0238 Phone (202) 305-0267/0506 Fax WILLIAM J. SHAPIRO Trial Attorney Natural Resources Section Environment & Natural Resources Division U.S. Department of Justice 501 I Street Sacramento, CA 95814 (916) 930-2207

OF COUNSEL: Rose Miksovsky, Esq. Office of General Counsel U.S. Department of Agriculture 33 New Montgomery St., 17th Fl. San Francisco, CA 94105-3170 (415) 744-3158

Dated: May 30, 2008

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