Case 1:11-cv-00477-RJL Document 77 Filed 10/10/13 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SHIRLEY SHERROD, )
v. ) Civ. A. No. 11-00477 (RJL)
ANDREW BREITBART et al., )
PLAINTIFF SHIRLEY SHERROD’S REPLY IN SUPPORT OF HER MOTION
FOR SUBSTITUTION OF DECEASED DEFENDANT ANDREW BREITBART
Plaintiff Shirley Sherrod submits the following reply to Susannah Breitbart’s Response to
Plaintiff’s Motion for Substitution:
First, Defendant Andrew Breitbart passed away over 18 months ago on March 1, 2012,
but Plaintiff only learned that he died intestate on September 19, 2013, and only with the Court’s
Second, Mr. Breitbart’s former counsel has advised that no estate has been formed with
regard to Mr. Breitbart and that there are no plans to form an estate. Without an estate, there is
no named personal representative or executor who can be substituted in place of Mr. Breitbart.
In the absence of any alternative, Plaintiff moves here under Federal Rule of Civil
Procedure 25(a)(1) to substitute Susannah Breitbart in place of Defendant Andrew Breitbart as
his successor. Plaintiff does not seek to add Susannah Breitbart to this lawsuit in her individual
Third, in her response Mrs. Breitbart has not opposed Plaintiff’s motion to substitute.
Rather, Mrs. Breitbart responds to Plaintiff’s motion merely to object to the scope of applicable
Case 1:11-cv-00477-RJL Document 77 Filed 10/10/13 Page 2 of 2
damages under California law.1 Response at ¶ 11 [Dkt. 75]. That issue is not before the Court at
this time and need not be determined at this juncture. A determination of the damages suffered
as a result of the devastating and continuing libel described in Plaintiff’s Complaint presents no
bar to granting her motion for substitution. Accordingly, the Motion for Substitution of
Deceased Defendant Andrew Breitbart is ready for the Court’s decision and should be granted.
Fourth, Plaintiff has been and remains willing to substitute a different personal or
corporate entity in lieu of Mrs. Breitbart that would provide the same relief and rights regarding
her claims. That approach would obviate the need to substitute Mrs. Breitbart in place of
Defendant Andrew Breitbart. Plaintiff stands ready to discuss this alternative with Mrs. Breitbart
and her counsel.
Dated: October 10, 2013 Respectfully submitted,
/s/ Thomas A. Clare, P.C.
Thomas D. Yannucci, P.C. (D.C. Bar #358989)
Michael D. Jones (D.C. Bar #417681)
Thomas A. Clare, P.C. (D.C. Bar #461964)
Beth A. Williams (D.C. Bar #461964)
Peter A. Farrell (D.C. Bar # 975579)
KIRKLAND & ELLIS LLP
655 Fifteenth Street, N.W.
Washington, DC 20005
Tel: (202) 879-5000
Fax: (202) 879-5200
Attorneys for Plaintiff Shirley Sherrod
Although Mrs. Breitbart points to several California Code sections that purport to limit Plaintiff’s recovery,
Plaintiff does not concede that California law governs damages or any other issue presented by the Complaint.