Tolliver v. Leach
District Court, W.D. Michigan
1Opinion of the Court
OPINION
HILLMAN, Chief Judge.
This is an action for patent infringement, with pendent state-law claims. One of the defendants, Christopher B. Leach, died on May 15, 1988, during the pendency of the case. Three days later, on May 18, 1988, counsel for the parties appeared before the U.S. Magistrate for a hearing on discovery motions. At that hearing, defense counsel stated on the record that Mr. Leach had died. It is undisputed, however, that no party has ever filed a written suggestion of death under Rule 25(a) of the Federal Rules of Civil Procedure. Defendants now move for dismissal of the…
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