Carroll v. Travelcenters of America, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT CARROLL, an individual;
Plaintiff,
vs.
TRAVELCENTERS OF AMERICA, INC.,
an Ohio Corporation; DOES I
THROUGH X, inclusive; ROE
CORPORATIONS I THROUGH X,
inclusive; and ROE LIMITED LIABILITY
COMPANIES I THROUGH X, inclusive;
Defendants.
8:25CV427
ORDER
This matter is before the Court upon the notice of death of Plaintiff. Filing
No. 18. In accordance with Fed. R. Civ. Proc. 25(a)(1), decedent’s successor or
representative, or any party, must move for substitution of the deceased party
within 90 days after the suggestion of death is filed. The notice of death was filed
on January 9, 2026. Upon the suggestion of Plaintiff's death (Filing No. 18),
IT IS ORDERED:
1) This case is stayed until April 9, 2026, pending a determination of
whether the decedent’s claims will be revived and further litigated by
Plaintiff's estate.
2) On or before April 9, 2026, Plaintiff's counsel shall either: 1) move to
voluntarily dismiss this case; 2) file a motion to substitute Plaintiff's
personal representative as the named Plaintiff in this action; or, 3) file
a report advising the Court as to whether Plaintiff's estate intends to
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further litigate this action and the current status of any court
proceedings (state or bankruptcy) underway that may impact the
progression of this case.
3) Absent timely compliance with this order, the claims filed by decedent
may be subject to dismissal pursuant to Fed. R. Civ. Proc. 25(a)(1).
4) The Clerk shall set a case management deadline of April 9, 2026 to
confirm compliance with this order.
Dated this 12th day of January, 2026.
BY THE COURT:
s/ Jacqueline M. DeLuca
United States Magistrate Judge
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