Cohen v. Action Squared
- Vargas
- 1:23-cv-10359
- U.S. District Court · Southern District of New York
- 1
In Cohen v. Action Network, Judge Vargas dismissed the case without prejudice after no motion to substitute a party was filed within 90 days of Cohen’s death.
Josh Cohen’s action and the defendants were affected; the court dismissed the case without prejudice and ordered it closed after no motion to substitute a party was filed.
What happened
In Cohen v. Action Network, AFL-CIO, Action Squared, and others, the court received a filing noting that plaintiff Josh Cohen had died. The filing was made on February 20, 2025, and no motion to substitute another party was filed during the next 90 days.
The court dismissed the action under Rule 25(a)(1), which addresses substitution after a party’s death. A defendant had asked for dismissal with prejudice, but the court decided that dismissal without prejudice was appropriate because it was unclear whether a legal successor existed.
Judge Jeannette A. Vargas directed the Clerk to enter judgment dismissing the case without prejudice and to close the case.
The detailed version
- Cohen v. Action Squared · No. 1:23-cv-10359
- Vargas
- May 23, 2025
Background
A statement noting Josh Cohen’s death was filed and served through the court’s electronic filing system on February 20, 2025. Rule 25(a)(1) provides a procedure for substituting a deceased party. Ninety days passed without any motion seeking substitution.
Ruling
The court dismissed the action under Rule 25(a)(1). One defendant had moved for dismissal with prejudice, which would have barred refiling, but the court ruled that dismissal without prejudice was appropriate because it was unclear whether a legal successor to Cohen existed. The court did not decide the underlying claims.
Disposition
Judge Jeannette A. Vargas requested that the Clerk enter judgment dismissing the case without prejudice and close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.