Sawicki v. Commissioner of Social Security
- Lewis Liman
- 1:21-cv-02093
- U.S. District Court · Southern District of New York
- 2
In Sawicki v. Commissioner, Judge Liman ordered notice of Michael Sawicki’s death and allowed substitution before possible dismissal.
Michael Sawicki’s successor or representative, the Commissioner of Social Security, and any party seeking to continue the case after Sawicki’s death.
What happened
In Sawicki v. Commissioner of Social Security, Michael Sawicki had not filed anything in the case for about a year, and the Commissioner’s lawyer reported that he had died on November 21, 2021. Sawicki was representing himself.
The court ordered the Commissioner to mail a statement of death and a copy of the order to Sawicki’s last known address by April 8, 2022, and to file proof of service. Under the applicable rule, Sawicki’s successor or representative, or another party, could ask to substitute the proper party within 90 days after the statement was served.
Judge Liman stated that the case must be dismissed if no timely substitution motion was filed, and set July 7, 2022, as the deadline for such a motion. The order did not decide the underlying Social Security dispute or the Commissioner’s request for more time to seek judgment on the pleadings.
The detailed version
- Sawicki v. Commissioner of Social Security · No. 1:21-cv-02093
- Lewis Liman
- Mar. 31, 2022
Background
On March 16, 2022, the court directed Michael Sawicki to state whether he wanted to continue the action because he had not filed anything on the docket for approximately one year. On March 21, 2022, counsel for the Commissioner of Social Security informed the court that Sawicki had died on November 21, 2021. The opinion states that Sawicki was proceeding without counsel.
The Commissioner’s counsel also requested a nunc pro tunc extension, meaning an extension intended to operate retroactively, of the Commissioner’s deadline to file a motion for judgment on the pleadings. That motion was due in December 2021. The order did not decide that request.
Court’s Order
The court ordered the Commissioner, by April 8, 2022, to mail a Statement of Death and a copy of the order to Sawicki’s last known address and file proof that the documents had been served. The order relied on Rule 25(a)(1) of the Federal Rules of Civil Procedure, which governs substitution after a party dies during a case.
The court stated that a motion to substitute the proper party had to be filed within 90 days after service of the Statement of Death by a party or by Sawicki’s successor or representative. The court further stated that, if no such notice was filed, the case must be dismissed without further notice. It specifically stated that the case would be dismissed if no substitution motion was filed by July 7, 2022.
If a timely substitution motion were filed and granted, the court would give the substituted party an opportunity to respond to the Commissioner’s request for a retroactive extension of time to file a motion for judgment on the pleadings. The court also noted that a successor or representative might be required to appear through counsel under certain circumstances.
Effect of the Order
Judge Liman’s order addressed the procedure for continuing the case after Sawicki’s death. It did not decide the merits of Sawicki’s Social Security claim, did not rule on the Commissioner’s request for an extension, and did not itself dismiss the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.