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Personal Inj. Prod. Liability | California Southern
Order on Motion to Amend/Correct Order on Motion to Substitute Party
Minute Order by Judge Jinsook Ohta: Plaintiff's counsel filed an unopposed motion to substitute deceased Plaintiff Brandon Brisbin with Tabetha Brisbin, the decedent's wife and administrator of his estate. Dkt. 18. Plaintiff also seeks leave to amend the Complaint with the substituted plaintiff and proceed with all surviving claims. Id.Federal Rule of Civil Procedure 25(a)(1) permits the Court to substitute a proper party if a claim is not extinguished by a party's death. The motion must be filed within 90 days after service of a statement noting the death.Here, Plaintiff satisfies the requirements for substitution---the motion was timely filed within the Court's extended deadline of October 26, 2026; Plaintiff's claims survive under Ohio's survival statute; and the proposed substitute party Tabetha Brisbin is the administrator of decedent's estate and a proper party for substitution. See Ohio Rev. Code § 2305.21 (providing that personal injury claims survive a person's death). Therefore, the Court GRANTS Plaintiff's motion for substitution and for leave to amend the Complaint [Dkt. 18]. Plaintiff shall file an amended complaint by October 15, 2026.Signed by Judge Jinsook Ohta on 10/2/2026. (mk)
367 Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability | Indiana Southern
Notice
NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Joseph N. Williams hereby notifies the Clerk of the court of changed contact information. (Williams, Joseph) (Entered: 10/02/2026)
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