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Civil Rights: Other | Maryland
Supplement
Supplement to 78 MOTION to Substitute Party Plaintiffs Motion to Substitute Larry Caplan as a Defendant filed by Keyon Paylor (Attachments: # 1 Exhibit 1- Declaration)(Filler, Maggie)
Order
PAPERLESS ORDER: The court is in receipt of Plaintiffs Motion to Substitute Larry Caplan as Defendant as personal representative of the Estate of Daniel Hersl at ECF No. 78 (the "Motion"). Pursuant to Federal Rule of Civil Procedure 25(a), a motion to substitute must be served pursuant to Federal Rule of Civil Procedure 4 on nonparties, which refers to "the successors or representatives of the deceased party," see Fariss v. Lynchburg Foundry, 769 F.2d 958, 961 (4th Cir. 1985). More simply, "a Motion to Substitute must be served on the desired successor to be substituted." Peterson v. Washington Metro. Area Transit Auth., No. 8:22-CV-02711-AAQ, 2023 WL 12135597, at *4 (D. Md. Oct. 3, 2023). Inasmuch as Plaintiff has failed to file any proof of service of the desired party to be substituted, or to address service of same in his attached certificate of service, Plaintiff shall supplement his Motion on or before September 17, 2026. Signed by Judge Julie Rebecca Rubin on 9/10/2026. (hmls, Deputy Clerk)
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