MOTION to Substitute Party Travis Crook filed by University of Texas at Austin, Travis Crook with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order). Party¶
Stewart v. Texas Tech University Health Sciences Center et al, No. 5:24-cv-00169-H (N.D. Tex.) · Dkt. 54 · 2024-05-24 · PDF
Text extracted from the PDF; scanned pages were read by OCR. The PDF is the authoritative copy.
Case 5:24-cv-00169-H Document 54 Filed 05/24/24 Page 1 of 3 PageID 444 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION George Stewart, Plaintiff; v. Case No. 5:23-cv-0007-H Texas Tech University Health Sciences Center, et al., Defendants. NOTICE OF MOTION AND MOTION OF DEFENDANTS TO SUBSTITUTE PARTY PURSUANT TO RULE 25(d) Defendants The University of Texas at Austin Dell Medical School (“Dell Medical School”) and Steve Smith move pursuant to Rule 25(d) of the Federal Rules of Civil Procedure to substitute Travis Crook for Steve Smith in his official capacity as the Associate Dean of Student Affairs at Dell Medical School as a defendant in this action. Rule 25(d) provides that when an officer who is a party to an action “resigns, or otherwise ceases to hold office,” his successor “is automatically substituted as a party.” FED. R. CIV. P. 25(d)(1). Steve Smith, a defendant sued in his official capacity, no longer serves as the Associate Dean of Student Affairs at Dell Medical School. Travis Crook now serves as the current Associate Dean of Student Affairs, and should therefore be substituted as a party in this action in place of Smith for all further proceedings in this action. Defendants respectfully request that the Court order this substitution in accordance with Rule 25(d). A proposed order is attached to this notice and motion. Case 5:24-cv-00169-H Document 54 Dated: May 24, 2024 Filed 05/24/24 Page 2 of 3 PageID 445 Respectfully submitted, Layne K. Kruse Layne E. Kruse Texas Bar No. 11742550 Shauna Johnson Clark Texas Bar No. 00790977 Eliot Turner Texas Bar No. 24066224 Norton Rose Fulbright US LLP 1301 McKinney, Suite 5100 Houston, Texas 77010 Telephone: 713-651-5151 Telecopier: 713-651-5246 layne.kruse@nortonrosefulbright.com shauna.clark@nortonrosefulbright.com eliot.turner@nortonrosefulbright.com Attorneys for the University of Texas Defendants 2 Case 5:24-cv-00169-H Document 54 Filed 05/24/24 Page 3 of 3 PageID 446 CERTIFICATE OF CONFERENCE Counsel for plaintiff does not oppose the substitution of defendant per an email exchange on May 15 and May 22, 2024. Defendants wanted to correct names of parties before serving responses and objections on discovery. CERTIFICATE OF SERVICE I certify that on May 24, 2024, I served a copy of this document on all counsel of record by electronic means. Layne E. Kruse Layne E. Kruse 3