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07-108 - Yates v. Commissioner Social Security Administration


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07-108 - Yates v. Commissioner Social Security Administration
March 20, 2008
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Report and Recommended Decision. On December 17, 2007, plaintiff's counsel submitted re 17 "Notice of Suggestion of Death" stating "Pursuant to Federal Rule of Civil Procedure 25, the attorneys for the Plaintiff hereby give notice to this Court that the Plaintiff has died. Plaintiff's attorneys have been unable to identify any individuals who could serve as a substituted party in this matter." This Court then granted plaintiff's counsel ninety days within which to identify a successor plaintiff and file a motion for substitution. That period has elapsed, and no motion has been filed. Rule 25(a)(1) of the Federal Rules provides that unless a motion for substitution "is made not later than 90 days after the death is suggested upon the record...the action shall be dismissed as to the deceased party." It is recommended that this action be dismissed. Objections to R&R due by 4/3/2008. Signed by Magistrate Judge David S. Perelman on 3/20/08. (W,Jo)
March 21, 2008
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Order of Case Dismissal. Magistrate Judge Perelman granted Plaintiff 90 days to file a Motion for Substitution of a Party Plaintiff. No motion has been filed. Because Fed.R.Civ.P.25(a) is self-actuating, dismissal after the 90 day period is automatic. The Court dismisses this action. The referral to Magistrate Judge Perelman is terminated, re 18. Signed by Judge Christopher A. Boyko on 03/21/08. (M,M)
March 21, 2008
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Judgment Entry. This action is terminated pursuant to Fed.R.Civ.P.25(a), re 19 Order and Notice of Case Dismissal. Signed by Judge Christopher A. Boyko on 03/21/08. (M,M)