Mooti v. Commissioner of Social Security

Filing 16

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 SEAN MOOTI, ) ) Plaintiff(s), ) ) v. ) ) NANCY A. BERRYHILL, ) Acting Commissioner of Social Security, ) ) Defendant(s). ) __________________________________________) Case No. 2:17-cv-02298-JAD-NJK ORDER 16 Pending before the Court is a notice of Plaintiff’s death. Docket No. 15. Any motion to substitute 17 shall be filed within 90 days. See Fed. R. Civ. P. 25(a)(1). If such motion is not made, this case is subject 18 to dismissal. See id. 19 In the interim, and especially given that Plaintiff’s next of kin expressly declined to continue this 20 litigation, the Court will DENY without prejudice the pending motions for summary judgment. Docket 21 Nos. 13-14. In the event substitution is permitted, the parties may file a stipulation to reactivate those 22 motions to the extent no further briefing or information is required. In the event substitution is permitted 23 but no such stipulation is filed, a renewed motion to reverse or remand shall be filed within 30 days of the 24 substitution order and shall be briefed pursuant to the schedule outlined in Docket No. 10. 25 IT IS SO ORDERED. 26 DATED: March 8, 2018 27 28 ________________________________________ NANCY J. KOPPE UNITED STATES MAGISTRATE JUDGE

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