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Steward v. City of New York

United States District Court, E.D. New York
Sep 10, 2007
04-CV-1508 (CBA) (RML) (E.D.N.Y. Sep. 10, 2007)
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Summary

rejecting suggested rule that statement of death must only be served on "successors" and permitting service upon deceased plaintiff's attorney

Summary of this case from Merisier v. Comm'r, Soc. Sec. Admin.
See 2 Summaries

Opinion

04-CV-1508 (CBA) (RML).

September 10, 2007

ORDER

CAROL AMON, District Judge

This Court has received the report and recommendation of the Honorable Robert M. Levy, United States Magistrate Judge, dated August 20, 2007, recommending that this Court deny plaintiff's Rule 6(b)(2) motion to extend the time for plaintiff's successors to file a motion for substitution under Rule 25(a)(1), and that this case be dismissed without prejudice. Because no party has objected to the report and recommendation, the Court hereby adopts the report and recommendation of August 20, 2007 as the opinion of the Court. The Clerk of the Court is directed to enter judgment in accordance with this order and dismiss this case without prejudice.

SO ORDERED.

Summaries of

Steward v. City of New York

United States District Court, E.D. New York
Sep 10, 2007
04-CV-1508 (CBA) (RML) (E.D.N.Y. Sep. 10, 2007)

rejecting suggested rule that statement of death must only be served on "successors" and permitting service upon deceased plaintiff's attorney

Summary of this case from Merisier v. Comm'r, Soc. Sec. Admin.

dismissing action under Rule 25, noting that "[a]lthough this result may be perceived as penalizing plaintiff's estate for his counsel's mistake, it is axiomatic that 'clients must be held accountable for the acts and omissions of their attorneys.'" (quoting Pioneer, 507 U.S. at 396)

Summary of this case from Falls v. Novartis Pharm. Corp.
Case details for

Steward v. City of New York

Case Details

Full title:Clifford STEWARD, individually and on behalf of all similarly situated…

Court:United States District Court, E.D. New York

Date published: Sep 10, 2007

Citations

04-CV-1508 (CBA) (RML) (E.D.N.Y. Sep. 10, 2007)

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