Opinion
16-cv-07253
12-04-2023
ANTHONY CAGNINA., Plaintiff, v. GARY LANIGANIA, et al., Defendants.
ORDER
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
WHEREAS, on May 5, 2023, Plaintiffs counsel advised the Court that certain of Plaintiffs relatives had been identified and requested an extension of time to contact those relatives, (ECF No. 145), which request the Coin! subsequently granted, (ECF No. 146); and
WHEREAS, Plaintiffs counsel filed a letter update on July 11, 2023, indicating that counsel had successfully contacted Plaintiff s relatives, (ECF No. 147); and
WHEREAS on November 17, 2023, Magistrate Judge Skahill issued a Report and Recommendation, (ECF No. 148), noting that more than 90 days had passed since the Comt received the statement of Plaintiff s death, more than 90 days had passed since Plaintiffs next of had been notified of Plaintiff s passing, and no motion for substitution had by that time been filed; and
WHEREAS, for that reason, Magistrate Judge Skahill recommended that Plaintiffs Complaint be dismissed pursuant to Fed.R.Civ.P. 25(a)(1) in the event that no party objected to the proposed findings and recommendations within fourteen (14) days from the date of the Report and Recommendation, (ECF No. 148); and
WHEREAS, fourteen (14) days have elapsed from the issuance of the Report and Recommendation and no objections having been filed; now therefore:
IT IS HEREBY on this 4th day of December . 2023, ORDERED that the Report and Recommendation, (ECF No. 148) is ADOPTED; and it is further;
ORDERED that Plaintiffs Complaint is DISMISSED pursuant to Fed.R.Civ.P. 25(a)(1).