Reported / Citable
Background
Gregory S. Milligan, acting as the court-appointed receiver for Pride of Austin High Yield Fund I, LLC, sued Anthony Mercer in the Western District of Texas.
Defense counsel filed a suggestion of Mercer’s death on June 20, 2026. The defense then moved under Federal Rule of Civil Procedure 25(a)(1) to substitute Baysore & Christian Fiduciary Services, LLC, the appointed representative of Mercer’s estate, as defendant.
The Court’s Holding
Magistrate Judge Susan Hightower granted the motion to substitute. The court ordered that Baysore & Christian Fiduciary Services, LLC be substituted as the defendant in place of Anthony Mercer.
The order resolves only the requested party substitution. It does not address the merits of Milligan’s claims or make findings concerning liability.
Key Takeaways
- Following Mercer’s death, the court permitted substitution of the estate’s appointed representative under Rule 25(a)(1).
- Baysore & Christian Fiduciary Services, LLC is now the named defendant on behalf of Mercer’s estate.
- The order is procedural and leaves the underlying dispute unresolved.
Why It Matters
The order allows the action to continue despite the defendant’s death by placing the estate representative in the litigation. It illustrates the routine use of Rule 25(a)(1) to maintain a case against a deceased party’s proper successor or representative.