Shailer-Solak v. Colvin

Filing 29

ORDER TO AMEND CASE CAPTION: For the reasons explained in the attached Order, the Clerk of the Court is respectfully directed to amend the docket and case caption to reflect that Nancy A. Berryhill, Acting Commissioner of the Social Security Administration, is now the named Defendant in this action. Signed by Judge Victor A. Bolden on 3/19/2019. (Baran, Hugh)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

ELIZABETH ANN SHAILER-SOLAK,
Plaintiff,
v.

No. 3:16-cv-1681 (VAB)

CAROLYN W. COLVIN,
Acting Commissioner, Social Security
Administration,
Defendant.

ORDER TO AMEND CASE CAPTION
Nancy A. Berryhill became the Acting Commissioner of the Social Security on January
23, 2017.1 When a party in an official capacity resigns or otherwise ceases to hold office while
the action is pending, the officer’s successor is automatically substituted as a party, regardless of
the party’s failure to so move or to amend the case caption; the Court may also order such
substitution at any time. FED. R. CIV. P. 25(d); see also Williams v. Annucci, 895 F.3d 180, 187
(2d Cir. 2018); Tanvir v. Tanzin, 894 F.3d 449, 459 n.7 (2d Cir. 2018).
Accordingly, the Clerk of the Court is respectfully directed to amend the docket and case
caption to reflect that Nancy A. Berryhill, Acting Commissioner of the Social Security
Administration, is now the named Defendant in this action.
SO ORDERED at Bridgeport, Connecticut, this 19th day of March, 2019.
/s/ Victor A. Bolden
VICTOR A. BOLDEN
UNITED STATES DISTRICT JUDGE

1
While there is arguably “some doubt about [Ms.] Berryhill’s current legal status in light of the recent determination
by the Government Accountability Office that her tenure has expired under the Federal Vacancies Reform Act,”
Isureal v. Berryhill, No. 3:15-cv-221 (JAM), 2018 WL 1409797, at *1 n.1 (D. Conn. Mar. 21, 2018) (citation
omitted), Ms. Berryhill remains the current officeholder at this time. See Acting Commissioner Bio, accessed Mar.
19, 2019, https://www.ssa.gov/agency/commissioner.html.