Mooti v. Berryhill, 2:17-cv-02298-JAD-NJK. (2018)
Court: District Court, D. Nevada
Number: infdco20180309f45
Visitors: 2
Filed: Mar. 08, 2018
Latest Update: Mar. 08, 2018
Summary: ORDER NANCY J. KOPPE , Magistrate Judge . 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. I
Summary: ORDER NANCY J. KOPPE , Magistrate Judge . 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..
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ORDER
NANCY J. KOPPE, Magistrate Judge.
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.
Source: Leagle
