Montoya v. Commissioner of Social Security

Filing 29

ORDER RE SUGGESTION OF DEATH signed by Magistrate Judge Carolyn K. Delaney on 9/30/2016 ORDERING the plaintiff to file a Motion for Substitution within ninety days. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LYDIA MONTOYA,

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No. 2:12-cv-2483 CKD

Plaintiff,
v.

SUGGESTION OF DEATH ON THE
RECORD AND ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Plaintiff, represented by counsel, has filed a petition for attorney fees under EAJA.

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Plaintiff’s counsel indicates that plaintiff has died. No motion for substitution by the decedent’s

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successor or representative has been filed. See Fed. R. Civ. P. 25(a).

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Accordingly, IT IS HEREBY ORDERED that plaintiff shall file a motion for substitution

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within ninety days from the date of this order. Failure to file said motion shall result in denial of

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plaintiff’s petition for EAJA fees.

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Dated: September 30, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 montoya2483.ss.death

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