United States District Court, W.D. Louisiana, Lafayette Division
REBECCA F. DOHERTY UNITED STATES DISTRICT JUDGE
before the Court is a "Motion for Substitution of Party
and for Dismissal of Claims of Cynthia J. Hicks Without
Prejudice" [Doc. 1');">133; MDL Doc. 6547] ("the
Motion"). In the Motion, Tyrus Hicks requests that he be
substituted in place of Cynthia J. Hicks as representative of
the Estate of Charles Junior Hicks ("the Estate")
in this Court's record, and that the individual claims of
Cynthia J. Hicks (the current estate representative reflected
in this Court's record) be dismissed without prejudice.
For the reasons given below, this Court will GRANT IN PART
AND DENY IN PART Mr. Hicks' motion - his request to
substitute himself for Cynthia J. Hicks as representative of
the Estate within this Court's ECF system will be
GRANTED, and his request to dismiss Cynthia J. Hicks'
individual claims will be DENIED AS MOOT.
suit at bar was initiated by a bundled Complaint [Doc. 1');">1],
filed March 30, 201');">13, which states that decedent Charles
Junior Hicks was a citizen of New Jersey, and that plaintiff
Cynthia J. Hicks makes claims both individually and on behalf
of the Estate. [Doc. 1');">1, p. 9] The Complaint indicates that
Ms. Hicks "incorporates specifically Count X and Count
XI of this complaint [sic], " Id., which are
defined as "Wrongful Death" and "Survival of
Claims, " respectively, [Doc. 1');">1, p. 35]. Therefore, Ms.
Hicks explicitly asserted certain claims on her own behalf,
and certain claims in her capacity as representative of the
Motion, Tyrus Hicks, through plaintiffs counsel, provides
notice that he has been substituted as Administrator of the
Estate in Docket No. 237558, pending in the State of New
Jersey, Middlesex County Surrogate's Court, styled In
the Matter of the Estate of Charles J. Hicks, Jr.
Deceased. [Doc. 1');">133, pp. 1');">1-2; MDL Doc. 6547, pp. 1');">1-2].
As evidence of the substitution, Mr. Hicks attaches a
document titled "Substitutionary Administration with the
Will Annexed Short Certificate, " signed by Kevin J.
Hoagland, Surrogate of Middlesex County, State of New Jersey.
Therein, Mr. Hoagland certifies that Tyrus C. Hicks is duly
authorized to administer the estate of Charles J. Hicks, Jr.
[Doc. 1');">133-1');">1; MDL Doc. 6547-1');">1] On the face of the
documentation provided, therefore, Tyrus Hicks has been
substituted as the appropriate representative of the Estate,
by the appropriate state court, and his request to be
substituted for Cynthia Hicks in that capacity in this
Court's ECF system is GRANTED.
Court notes Cynthia J. Hicks has filed a "Stipulation of
Dismissal with Prejudice of Claims of Cynthia J. Hicks,
Individually" [Rec. Doc. 1');">137; MDL Rec. Doc. 6727], in
which Ms. Hicks dismisses with prejudice those
claims she has brought in her individual capacity, while not
affecting those claims brought in her capacity as former
estate representative. Therefore, Tyrus Hicks' request
that the individual claims of Cynthia Hicks be dismissed
without prejudice will be DENIED AS MOOT in light of Rec.
Doc. 1');">137 in Civil Case No. 6:1');">13-cv-00655.
HEREBY ORDERED Tyrus Hicks' "Motion for Substitution
of Party and for Dismissal of Claims of Cynthia J. Hicks
Without Prejudice" [Doc. 1');">133; MDL Doc. 6547] is GRANTED
IN PART AND DENIED IN PART. The request that Tyrus C. Hicks
be substituted for Cynthia J. Hicks as Administrator of the
Estate of Charles Junior Hicks in this Court's ECF system
is GRANTED. Tyrus Hicks' request that Cynthia J.
Hicks' individual claims be dismissed without prejudice
is DENIED AS MOOT in ...