Sampson v. ASC Industries, No. 14-10085 (5th Cir. 2015)Annotate this Case
Rebecca Breaux brought an age discrimination action against her employer ASC Industries on May 6, 2012. On May 24, 2013, Breaux’s attorney Lurlia Oglesby filed a statement in accordance with Rule 25(a)(3) noting that Breaux had died. The district court stayed the action pending the substitution of parties. After the ninety days allotted for the substitution of a party passed without any motion being filed, ASC Industries moved for the action to be dismissed. On the next business day, September 3, 2013, the district court granted ASC Industries’ motion to dismiss. On October 1, 2013, Oglesby filed a motion on behalf of Breaux’s estate to alter or amend the judgment of dismissal. The issue this case presented for the Fifth Circuit's centered on whether personal service of a suggestion of death on a deceased-plaintiff’s estate was required in order for the ninety-day time limit to run for the substitution of a party under Federal Rule of Civil Procedure ("Rule") 25. The Court held that personal service was required.