Herskowitz v. Reid

Judith Herskowitz, proceeding pro se, appeals the dismissal of her action for lack of subject matter jurisdiction. On appeal, Herskowitz argues that the district court was without jurisdiction to grant the motion to dismiss because the party who *912filed it died during the pendency of the case and no formal suggestion of death was filed, pursuant to Fed.R.Civ.P. 25(a)(1). She urges that the reference to Defendant Steven Delibert’s death in a motion filed by attorney Eric Christu, who assumed the representation of Delibert upon his death, is insufficient under Rule 25, and that Christu did not…