Free Motion to Substitute Party - District Court of Colorado - Colorado

Case 1:02-cv-02220-PSF-PAC

Document 137

Filed 10/31/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 02-cv-2220-PSF-PAC RAY LEVELLE, Plaintiff, v. PENSKE LOGISTICS, Defendant. _____________________________________________________________________________ UNOPPOSED MOTION FOR SUBSTITUTION OF PARTY ______________________________________________________________________________ Pursuant to Rule 25(a)(1), Fed.R.Civ.P., Karen LeVelle, by and through her undersigned attorney, respectfully requests that she be substituted as the personal representative for the estate of Ray LeVelle, in the place of Ray LeVelle, and, as grounds therefore, states as follows: 1. Mr. LeVelle passed away suddenly in May of this year. His death occurred after

final judgment was entered in this case, and after the appeal was presented to the Tenth Circuit. Under applicable law, Mr. LeVelle's claims survive his passing. See Slade for Estate of Slade v. U.S. Postal Service, 952 F.2d 357 (10th Cir. (Okl.),1991). 2. Karen LeVelle, Mr. LeVelle's wife, has been appointed personal representative

for his estate. Because of her travel schedule, the undersigned has not been able to get the appropriate appointment documents from Ms. LeVelle. The undersigned will be out of town again from November 1 through November 10, 2006. The undersigned will get the documents and provide them to the Court and defendant upon her return. 3. The undersigned has spoken to counsel for defendant, and that counsel states that

defendant does not oppose this motion.

Case 1:02-cv-02220-PSF-PAC

Document 137

Filed 10/31/2006

Page 2 of 3

WHEREFORE, Karen LeVelle respectfully requests that she be substituted as the personal representative for the estate of Ray LeVelle, in the place of Ray LeVelle, in this matter. DATED this 31st day of October, 2006.

Respectfully submitted,

s/Patricia S. Bangert ____________________________________ Patricia S. Bangert Attorney at Law, LLC 3773 Cherry Creek Drive North Suite 575 Denver, CO 80209 Phone: 303-228-2175 Fax: 303-399-6480

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Case 1:02-cv-02220-PSF-PAC

Document 137

Filed 10/31/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on October 31, 2006, I electronically filed the foregoing using the CM/ECF system, which sent notification to the following e-mail addressees: Frank Nachman, Esq.

s/ Patricia S. Bangert ____________________________________ Patricia S. Bangert