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