Mooti v. Commissioner of Social Security
ORDER re 13 , 14 Motions for Summary Judgment. The Court will DENY without prejudice the pending motions for summary judgment. In the event substitution is permitted, the parties may file a stipulation to reactivate those motions to the extent no further briefing or information is required. Signed by Magistrate Judge Nancy J. Koppe on 3/8/2018. (Copies have been distributed pursuant to the NEF - ADR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Case No. 2:17-cv-02298-JAD-NJK
Pending before the Court is a notice of Plaintiff’s death. Docket No. 15. Any motion to substitute
shall be filed within 90 days. See Fed. R. Civ. P. 25(a)(1). If such motion is not made, this case is subject
to dismissal. See id.
In the interim, and especially given that Plaintiff’s next of kin expressly declined to continue this
litigation, the Court will DENY without prejudice the pending motions for summary judgment. Docket
Nos. 13-14. In the event substitution is permitted, the parties may file a stipulation to reactivate those
motions to the extent no further briefing or information is required. In the event substitution is permitted
but no such stipulation is filed, a renewed motion to reverse or remand shall be filed within 30 days of the
substitution order and shall be briefed pursuant to the schedule outlined in Docket No. 10.
IT IS SO ORDERED.
DATED: March 8, 2018
NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE
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