McTear v. CSS

Filing 23

SUGGESTION OF DEATH UPON THE RECORD AND ORDER signed by Magistrate Judge Kimberly J. Mueller on 01/08/09 ORDERING that plf shall file a motion for substitution w/i 90 days; failure to file said motion shall result in a recommendation that the action be dismissed; w/i 10 days, the parties shall file a letter brief on their respective positions as to whether plf's claim is extinguished by death. (Benson, A.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 It appears from the records before the court that plaintiff may have a successor in her husband, Edward McTear. Administrative Transcript ("AT") 89. 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JANIE McTEAR, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. __________________________________/ Plaintiff, represented by counsel, filed a motion for summary judgment on August 27, 2008. The court's review of the Social Security Death Database (Westlaw DEATH-ALL) indicates that plaintiff died on July 20, 2008. No motion for substitution by the decedent's successor or representative has been filed.1 See Fed. R. Civ. P. 25(a). Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff shall file a motion for substitution within ninety days from the date of this order. Failure to file said motion shall result in a recommendation that the action be dismissed. ///// SUGGESTION OF DEATH UPON THE RECORD AND ORDER CIV S-07-1589 MCE KJM

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006 mctear.doa

2. Within ten days from the date of this order, the parties shall file a letter brief on their respective positions as to whether plaintiff's claim is extinguished by death. DATED: January 8, 2009.

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