CASEY
v.
KNAEPS
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Emily Casey, the plaintiff in a civil suit against Kristof Knaeps, was found legally incapacitated. Her plenary guardian, Thomas Casey, sought substitution as the named party under Federal Rule of Civil Procedure 25(b). The court granted the unopposed motion, substituting Thomas Casey as guardian for Emily Casey as the plaintiff.
Thomas Casey, as plenary guardian of Emily M. Casey, is the real party in interest and is appropriately substituted as the named plaintiff in this matter under Federal Rule of Civil Procedure 25(b).
“Thus, Thomas Casey is the real party in interest under Rule 25(b) of the Federal Rules of Civil Procedure. Substitution is appropriate in such circumstances.”
Establishes the legal standard for substitution of an incapacitated party's guardian as the real party in interest.
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Join FLexlaw to unlock all legal intelligenceEmily M. Casey was the original plaintiff in this civil action against Kristof Knaeps. A probate court determined that Emily Casey was totally incapac…
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Plaintiff Emily M. Casey has been found incapacitated and no longer legally competent. (See Doc. 32 at 4-14 (probate court order determining total incapacity).) Thomas Casey, her guardian, now requests substitution as the named party in this case.
The record shows that Thomas Casey was recently appointed plenary guardian of Emily Casey. (Doc. 32 at 6.) Thus, Thomas Casey is the real party in interest under Rule 25(b) of the Federal Rules of Civil Procedure. Substitution is appropriate in such circumstances. Fed. R. Civ. P. 25(b); Nat'l Indep. Theatre Exhibitors, Inc. v. Buena Vista Distrib. Co., 748 F. 2d 602, 610 (11th Cir. 1984).
Accordingly, it is ORDERED:
The Unopposed Motion to Substitute Party (Doc. 32) is GRANTED, and Thomas Casey as Plenary Guardian of Emily M. Casey, shall be substituted as the named Plaintiff in this matter in place of Emily M. Casey. The Clerk is directed to take all steps necessary to effectuate the substitution of party on the docket.
ENTERED in Fort Myers, Florida on August 12, 2024.
Kyle C. Dudek United States Magistrate Judge
Copies: All Parties of Record
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Citator
Authorities Cited
- Nat'l Indep. Theatre Exhibitors, Inc. v. Buena Vista Distrib. Co., 748 F.2d 602 (11th Cir. 1984)