(SS) Aguilar v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaApril 19, 20221:21-cv-00015California529 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ARMAN AGUILAR, Case No. 1:21-cv-000015-BAK (SKO)

Plaintiff,

ORDER DISMISSING ACTION

v. W ITHOUT PREJUDICE

KILOLO KIJAKAZI, Acting Commissioner of Social Security, 14 Defendant.

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17 Plaintiff Arman Aguilar initiated this action seeking judicial review of a decision denying his application for Social Security benefits. (Doc. 1) On December 15, 2021, Jonathan Omar Pena, counsel for Plaintiff Arman Aguilar, filed a notice of “Suggestion of Death” upon the record. (Doc. 17.) Mr. Pena attached Plaintiff’s death certificate to the notice, indicating Plaintiff had died on November 1, 2021. (See Doc. 17-1.) 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 March 17, 2022.” (Doc. 18 at 2, emphasis omitted.) On March 31, 2022, the Court noted that a motion had not been filed and ordered Mr. Pena to “show…

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