Judge Cohen orders dismissal without prejudice for failure to file timely substitution motion
Case Summary
Judge Mark H. Cohen adopted a final report recommending dismissal without prejudice of the plaintiff's complaint for failure to file a timely substitution motion under Rule 25(a)(1). The court ordered the case closed following the dismissal.
Latest development
ORDER adopting 29 Final Report and Recommendation. It is hereby ORDERED that Plaintiff's Complaint Doc. 1-1 is DISMISSED WITHOUT PREJUDICE for failure to file a timely motion to substitute in accordance with Rule
Order · May 11, 2026
Judge Mark adopted Final Report and Recommendation.
Key Issues
- • Adoption of report and recommendation
- • Dismissal for procedural failure
- • Case closure
Docket Snapshot
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Latest Filing
ORDER adopting 29 Final Report and Recommendation. It is hereby ORDERED that Plaintiff's Complaint Doc. 1-1 is
Order · May 11, 2026
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Judge
Mark H. Cohen
What the record shows
The court metadata has not been resolved yet, so Juryvine is keeping the page conservative until a reliable court match lands.
The newest docket activity we have is a order dated May 11, 2026.
The visible party/entity graph currently includes Mark H. Cohen.
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The Story So Far
Judge Mark H. Cohen dismissed the plaintiff's complaint without prejudice on February 21, 2024. The dismissal followed the plaintiff's failure to file a timely motion to substitute a party as required by Rule 25(a)(1) of the Federal Rules of Civil Procedure.
The court adopted the final report and recommendation that advised dismissal for this procedural lapse. The order directs the clerk to close the case. The dismissal without prejudice leaves the plaintiff the option to refile if they comply with the substitution rules.
The case record does not specify the underlying claims or parties involved. The court’s action reflects strict enforcement of procedural rules governing substitution after a party’s death or incapacity. Judge Cohen’s order signals the court’s unwillingness to extend deadlines for substitution absent good cause.
The docket remains closed pending any new filings from the plaintiff that address the substitution requirement.
update What Changed This Week
receipt_long Source expand_more
ORDER adopting 29 Final Report and Recommendation. It is hereby ORDERED that Plaintiff's Complaint Doc. 1-1 is DISMISSED WITHOUT PREJUDICE for failure to file a timely motion to substitute in accordance with Rule 25(a)(l) of the Federal Rules of Civil Procedure. The Clerk is DIRECTED to close this case. Signed by Judge Mark H. Cohen on 2/21/2024. (dgr) (Entered: 02/21/2024)
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Case Timeline
1 eventORDER adopting 29 Final Report and Recommendation. It is hereby ORDERED that Plaintiff's Complaint Doc. 1-1 is DISMISSED WITHOUT PREJUDICE for failure to file a timely motion to substitute in accordance with Rule 25(a)(l) of the Federal Rules of Civil Procedure. The Clerk is DIRECTED to close this case. Signed by
Judge Mark adopted Final Report and Recommendation.
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Timeline events
1 record on file
Last updated
22 hours, 32 minutes ago
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