United States District Court, D. Nevada
LARMORE, CHRISTINE M. EMANUELSON, BRIAN PELANDA, HINES
HAMPTON LLP, Attorneys for Plaintiff/Cross-Defendant AMCO
D. VANNAH, VANNAH & VANNAH, PAUL D. POWELL, THE POWELL
LAW FIRM, Attorneys for Defendant Michele Paunessa- Bacon and
Christopher L. Bacon.
JOINT MOTION FOR AN ORDER SUBSTITUTING CHRISTOPHER L.
BACON INTO THIS ACTON AS A DEFENDANT AND COUNTER-CLAIMANT IN
PLACE OF THOMAS BACON [RULE 25(A)(1)]
SUMMARY OF THE FACTS.
Thomas Bacon, one of the Defendants and the sole
Counterclaimant in this action, died on November 5, 2016.
March 7, 2017, Christopher L. Bacon filed a petition in the
District Court for Clark County, Nevada to be appointed as
the Special Administrator of Thomas Bacon's estate.
April 5, 2017, the District Court issued an Order granting
letters of special administration for the Estate of Thomas
Lee Bacon to Christopher L. Bacon. According to that Order,
the District Court granted Christopher Bacon the powers
enumerated in N.R.S. 140.040. A true and correct copy of the
forgoing Order is attached hereto as Exhibit
CHRISTOPHER BACON SHOULD BE SUBSTITUTED IN TO THIS
The Standard for Substitution.
“If a party dies and the claim is not extinguished, the
court may order substitution of the proper party.”
Fed.R.Civ.P. 25(a)(1). “A motion for substitution may
be made by any party or by the decedent's successor or
representative.” Id. “[A] timely motion
brought by the Administratrix of a deceased party is within
the terms of the Rule's operation.” Boggs v.
Dravo Corp., 532 F.2d 897, 900 (3d Cir. 1976). See
also F.T.C. v. AMG Services, Inc., 2014 WL 2742872 at *2
(D. Nev., June 17, 2014) (holding that the executor of a
deceased party's estate is a “proper party”
under Rule 25).
“The estate of a deceased party is not a proper party
under Rule 25. . . . A proper party under Rule 25 must be a
legal representative of the deceased.” Natale v.
Country Ford Ltd., 287 F.R.D. 135, 137 (E.D.N.Y. 2012).
a substitution made under Rule 25, “[t]he substituted
party steps into the same position as original party.”
Hilao v. Estate of Marcos, 103 F.3d 762, 766
(9th Cir. 1996).
Christopher L. Bacon is a “Proper Party” to
be Substituted into this Action in Place of Thomas
Under Nevada law, there are several circumstances under which
a court must appoint a special administrator to collect and
take charge of a decedent's estate. See N.R.S.
Under N.R.S. 140.040(2)(a), the special administrator of an
estate may “maintain or defend actions and other legal