Gonzalez v. Rochester et al
Filing
28
DECISION AND ORDER The complaint in this action is dismissed pursuant to Fed. R. Civ. P. 25(a)(1). Signed by Hon. David G. Larimer on 10/4/2022. (KAH)Clerk to Follow up
Case 6:16-cv-06652-DGL-MJP Document 28 Filed 10/04/22 Page 1 of 2
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
___________________________________________
JOSE M. GONZALEZ,
DECISION AND ORDER
Plaintiff,
16-CV-6652L
v.
CITY OF ROCHESTER, et al.,
Defendants.
___________________________________________
On January 25, 2022, plaintiff’s counsel filed a Notice of Suggestion of Death (Dkt. #26),
stating that the sole plaintiff in this action, Jose M. Gonzalez, had died on or about August 13,
2021. Counsel also filed a copy of plaintiff’s Certificate of Death. (Dkt. #26-1.)
Pursuant to Rule 25(a) of the Federal Rules of Civil Procedure, the Court entered a text
order on March 16, 2022, giving the parties 90 days to make a motion for substitution, and
stating that if no such motion were filed during that timeframe, the action would be dismissed.
(Dkt. #27.)
More than 90 days have elapsed since the entry of that text order, and no motion for
substitution has been made, nor has any other activity occurred in the action. Accordingly, the
action must be dismissed. See Fed. R. Civ. P. 25(a); Chobot v. Powers, 169 F.R.D. 263, 267
(W.D.N.Y. 1996) (“[A]s more than ninety days have passed since such service [of the suggestion
of the plaintiff’s death], and as there has been no motion pursuant to Rule 25(a)(1) to substitute a
party on behalf of [the plaintiff], dismissal of the action is appropriate”).
Case 6:16-cv-06652-DGL-MJP Document 28 Filed 10/04/22 Page 2 of 2
CONCLUSION
The complaint in this action is dismissed pursuant to Fed. R. Civ. P. 25(a)(1).
IT IS SO ORDERED.
_______________________________________
DAVID G. LARIMER
United States District Judge
Dated: Rochester, New York
October 4, 2022.
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