(SS) Aguilar v. Commissioner of Social Security

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ARMAN AGUILAR, ) Case No.: 1:21-cv-0015 JLT ) Plaintiff, ) ORDER AFTER SUGGESTION OF DEATH ) (Doc. 17) v. )

KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) Defendant. ) )

Joseph Pena, counsel for plaintiff Arman Aguilar, filed a notice of “Suggestion of Death” upon the record. (Doc. 17.) Mr. Pena indicated that he received a phone call from a friend of Mr. Aguilar on December 2, 2021, informing him that Plaintiff had passed away. (Id.) Mr. Pena then “received an information copy of the certificate of death” on December 15, 2021. (Id.) Pursuant to Rule 25(a)(1) of the Federal Rules of Civil Procedure, the action may continue if a claim is not extinguished. “A motion for substitution may be made by any party or by the decedent's successor or representative. If the motion is not made within 90 days after service of a statement noting the death,…