Dickinson v. Elrac, Inc. et al, No. 8:2009cv01123 - Document 15 (N.D.N.Y 2010)

Court Description: DECISION AND ORDER - the plaintiff's complaint re 1 Complaint is dismissed pursuant to Fed. R. Civ. P. 25(a). Clerk to draft judgment and close case. Signed by Judge Glenn T. Suddaby on 5/11/10. (mnm)

Download PDF
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK DONALD DICKINSON, Plaintiff, Civil Case No. 8:09-CV-1123 -vsELRAC, INC.; ENTERPRISE HOLDINGS, INC.; RANDY DAME; and JENNIFER DAME, Defendants. LAW OFFICE OF MARK SCHNEIDER Counsel for Plaintiff 57 Court Street Plattsburgh, NY 12901 MARK A. SCHNEIDER, ESQ. DANIEL C. CUPPETT, ESQ. BRAND, GLICK & BRAND, P.C. Counsel for Defendants Elrac, Inc. and Enterprise Holdings 600 Old Country Road, Suite 440 Garden City, NY 11530 PETER M. KHRINENKO, ESQ. HON. GLENN T. SUDDABY, United States District Judge DECISION and ORDER On October 6, 2009, Donald Dickinson ( Plaintiff ) filed a Complaint in this personal injury action, asserting claims against Elrac, Inc., Enterprise Holdings, Inc., Randy Dame, and Jennifer Dame. ( Defendants ). (Dkt. No. 11.) On October 28, 2009, Elrac, Inc., and Enterprise Holdings, Inc., appeared in this action by filing their Answer. (Dkt. No. 7.) Randy Dame and Jennifer Dame have not appeared in this action, and no further action has been taken against them. (See generally Docket Sheet.) On January 28, 2010, Plaintiff s counsel filed a suggestion of death pursuant to Fed. R. Civ. P. 25, advising the Court that Plaintiff passed away. (Dkt. No. 9.) On January 30, 2010, Plaintiff s counsel served the suggestion of death on Lindsay Dickinson, Plaintiff s next of kin, by certified mail. (Dkt. No. 14.) As of the date of this Decision and Order, no party or successor or representative of Plaintiff has made a motion for substitution, or requested an extension of the deadline by which to file such a motion. ACCORDINGLY, it is ORDERED that Plaintiff s Complaint (Dkt No. 1) is DISMISSED pursuant to Fed. R. Civ. P. 25(a). The Clerk is directed to enter Judgment in favor of Defendants and close this action. Dated: May 11, 2010 Syracuse, NY

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.