Bossart

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 JUDITH LEE FRARY, Case No.: 22cv1183-JO-MDD

Plaintiff,

ORDER GRANTING MOTION TO

v. SUBSTITUTE PARTY KILOLO KIJAKAZI, Acting Commissioner of Social Security, 16 Defendant.

18 Plaintiff Judith Frary filed this social security appeal on August 12, 2022. Dkt. 1. 19 After Plaintiff Frary died, her sister Jane Bossart filed a motion to substitute Plaintiff as the 20 real party in interest under Federal Rule of Civil Procedure 25. Dkt. 5. Rule 25 provides 21 that after the death of a party, the deceased party’s successor or representative may move 22 to substitute as the proper party by filing a motion within 90 days of serving notice of the 23 party’s death. See Fed. R. Civ. P. 25(a)(1). Barlow v. Ground, 39 F.3d 231, 233 (9th Cir. 24 1994) (first, “a party must formally suggest the death of the party upon the record” and 25 then, “the suggesting party must serve other parties . . . with a suggestion of death in the 26 same manner as required for service of…