CAGNINA v. LANIGANI et al

Filing 149

ORDER ADOPTING REPORT AND RECOMMENDATIONS and DISMISSING Plaintiff's Complaint. Signed by Judge Christine P. O'Hearn on 12/4/2023. (mag)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

ANTHONY CAGNINA.,
Plaintiff,
v.
GARY LANIGANIA, et al.,

No. 16-cv-07253
ORDER

Defendants.

O’HEARN, District Judge.
THIS MATTER comes before the Court on a sua sponte Report and Recommendation
issued by Magistrate Judge Matthew J. Skahill on November 17, 2023, (ECF No. 148); and
WHEREAS, Rule 25(a)(1) requires that, if no motion for substitution is made “within 90
days after service of a statement noting the death [of a party], the action by or against the decedent
must be dismissed,” Fed. R. Civ. P. 25(a)(1); and
WHEREAS, on February 27, 2023, Plaintiff’s counsel filed a letter advising the Court that
Plaintiff passed away in October 2022, (ECF No. 141); and
WHEREAS, on March 3, 2023, Magistrate Judge Skahill issued an Order directing
Defendants to provide Plaintiff’s counsel with any available information regarding Plaintiff’s
relatives, ordering Plaintiff’s counsel to advise the Court by April 28, 2023 of efforts to identify
Plaintiff’s next of kin, and administratively terminating the case, (ECF No. 143); and
WHEREAS, on April 28, 2023, Plaintiff’s counsel filed a letter and affidavit representing
that efforts to locate Plaintiff’s next of kin or estate representatives were unsuccessful, (ECF No.
144); and