Order | Filed: August 19, 2026
| Entered: August 19, 2026
MILLER v. MEANS et al
Civil Rights: Other | New Jersey
Order on Motion to Substitute Party
TEXT ORDER: The Court has reviewed Plaintiff's unopposed amended motion to substitute a party pursuant to Federal Rule 25(a)(1) at Dkt. No. 102 ("the Motion"). Plaintiff requests leave to substitute Defendant Vincent Doherty with his son, Vincent Doherty, Jr., who is the appointed Executor of Mr. Doherty's Estate. See generally Dkt. No. 102-1. Mr. Doherty unfortunately passed away on November 2, 2025, prompting the instant Motion, initially filed about two months after Plaintiff filed a suggestion of death. Dkt. Nos. 88, 95, 102. First, as an initial matter, the Court finds it has jurisdiction over non-party Mr. Doherty, Jr. per Plaintiff's affidavit of service demonstrating he was personally served with a copy of the Motion. Dkt. No. 105-1; see Dkt. No. 99. When considering a Rule 25 motion, courts consider whether: (1) the motion is timely; (2) the claims pled are not extinguished; and (3) the person being substituted is the proper party. Stromberg v. Midland Funding, LLC, No. 16-cv-9288, 2026 WL 949014, at *2 (D.N.J April 8, 2026) (citation omitted). The decision of whether to grant a motion for substitution is within the discretion of the trial court. McKenna v. Pac Rail Serv., 32 F.3d 820, 836 (3d Cir. 1994). The Court finds that the motion is timely as it was filed "within 90 days after service of a statement noting the death[,]" Fed. R. Civ. P. 25(a)(1), and that Plaintiff's claims against Mr. Doherty are not extinguished, see Doe v. Monroe Twp. Sch. Dist., No. 20-cv-13402, 2024 WL 5293711, at *2 (D.N.J. Dec. 13, 2024) (finding the plaintiff's 42 U.S.C. § 1983 claims survived the death of the defendant under New Jersey's survival statute). Next, "a person may be a 'successor' under Rule 25(a)(1) if [he] is (1) the primary beneficiary of an already distributed estate... (2) named in a will as the executor of the decedent's estate, even if the will is not probated... or (3) the primary beneficiary of an unprobated intestate estate which need not be probated." Stromberg, 2026 WL 949014, at *7 (quoting In re Baycol Prods. Litigation, 616 F.3d 778, 784-85 (8th Cir. 2010) (citations omitted)). As the duly appointed Executor of Mr. Doherty's Estate, see Dkt. No. 102-2, the Court agrees with Plaintiff that Mr. Doherty, Jr. is a proper party to be substituted here. Thus, the Motion is GRANTED. It is further ORDERED that Vincent Doherty, Jr., as Executor of the Estate of Vincent Doherty, is substituted in place of Defendant Vincent Doherty in this action. No later than August 28, 2026, Plaintiff shall serve a copy of this Order upon Mr. Doherty, Jr. and his counsel and submit proof of same. So ordered by Magistrate Judge Jose R. Almonte on 8/19/2026. (akw, )