IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 8, 2009
JANIE MCTEAR, PLAINTIFF,
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
SUGGESTION OF DEATH UPON THE RECORD AND ORDER
Plaintiff, represented by counsel, filed a motion for summary judgment on August 27, 2008. The court's review of the Social Security Death Database (Westlaw DEATH-ALL) indicates that plaintiff died on July 20, 2008. No motion for substitution by the decedent's successor or representative has been filed.*fn1 See Fed. R. Civ. P. 25(a).
Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff shall file a motion for substitution within ninety days from the date of this order. Failure to file said motion shall result in a recommendation that the action be dismissed.
2. Within ten days from the date of this order, the parties shall file a letter brief on their respective positions as to whether plaintiff's claim is extinguished by death.