Hughes, et al v. The United States of America

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
PATRICK FEINDT, JR., ET AL.,
Plaintiffs,
vs.
UNITED STATES OF AMERICA,
Defendant.
______________________________
JACLYN HUGHES, ET AL.,
Plaintiffs,
vs.
UNITED STATES OF AMERICA,
Defendant.
______________________________
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Civil No. 22-00397 LEK-KJM
FINDINGS AND
RECOMMENDATION TO DISMISS
CLAIMS BY AND AGAINST
PLAINTIFF LILIAN FELICIANO
Civil No. 24-00059 LEK-KJM
FINDINGS AND RECOMMENDATION TO DISMISS
CLAIMS BY AND AGAINST PLAINTIFF LILIAN FELICIANO
On March 13, 2026, Defendant United States of America (“Defendant”)
filed and served on all parties a Suggestion of Death of Plaintiff Lilian Feliciano
(“Ms. Feliciano”). ECF No. 697.1
1 The Court cites to the Feindt docket, unless otherwise noted.
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In addition, Defendant filed a Waiver of Service for Suggestion of Death
signed by counsel for Annette Ramento (“Ms. Ramento”), Ms. Feliciano’s
daughter and “successor” of her estate. ECF No. 697-1. Therein, Ms. Ramento’s
counsel states, among other things, that:
I understand that I, or the person I represent, must file and serve a
motion to substitute the representative of Lilian Feliciano’s estate as
the proper party to this action within 90 days from March 10, 2026,
the date when this request was sent. Otherwise, Lilian Feliciano’s
claims in this action will be subject to dismissal.
Id. at 1.
Federal Rule of Civil Procedure 25(a)(1) provides:
If a party dies and the claim is not extinguished, the court may order
substitution of the proper party. A motion for substitution may be
made by any party or by the decedent’s successor or representative. If
the motion is not made within 90 days after service of a statement
noting the death, the action by or against the decedent must be
dismissed.
Fed. R. Civ. P. 25(a)(1). In this case, there has been no motion for substitution
filed and the 90-day deadline has passed.
Accordingly, the Court FINDS and RECOMMENDS that the district court
DISMISS any claims by and against Plaintiff Lilian Feliciano.
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IT IS SO FOUND AND RECOMMENDED.
DATED: Berkeley, California, June 16, 2026.
Feindt v. United States, Civil No. 22-00397 LEK-KJM; Hughes v. United States, Civil No. 24-00059
LEK-KJM; Findings and Recommendation to Dismiss Claims by and Against Plaintiff Lilian Feliciano
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