(SS)Gonzales
(SS)Gonzales v. Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOSEPH RICHARD GONZALES, ) Case No.: 1:20-cv-00517 JLT ) Plaintiff, ) ORDER TO SHOW CAUSE WHY THE ACTION ) SHOULD NOT BE DISMISSED FOR PLAINTIFF’S v. ) FAILURE TO COMPLY WITH THE COURT’S ) ORDER ANDREW SAUL, ) Commissioner of Social Security, ) ) Defendant. ) )
On April 26, 2021, Joseph Pena, counsel for plaintiff Joseph Richard Gonzales, filed a notice of “Suggestion of Death” upon the record. (Doc. 15.) Mr. Pena indicated that on April 7, 2021, he “was notified by Social Security that the Plaintiff had passed away” on August 23, 2020. (Id. at 1.) Pursuant to Rule 25(a)(1) of the Federal Rules of Civil Procedure, the Court ordered that “[a]ny motion to substitute a party as plaintiff shall be filed no later than July 15, 2021.” (Doc. 16 at 2, emphasis omitted.) To date, no motion for substitution has been filed. The Local Rules, corresponding with Fed. R. Civ. P. 11,…