In re Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation, 2:15-cv-05858. (2020)
Court: District Court, S.D. West Virginia
Number: infdco20200121c60
Visitors: 21
Filed: Jan. 16, 2020
Latest Update: Jan. 16, 2020
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . On November 15, 2018, a Suggestion of Death was filed by plaintiffs' counsel suggesting the death of Ella Kiser during the pendency of this civil action. [ECF No. 69]. Also pending is Defendants' Rule 25(a)(1) Motion to Dismiss and Memorandum of Law in Support filed on March 21, 2019 [ECF No. 74]. Pursuant to Federal Rule of Civil Procedure 25(a) and Pretrial Order ("PTO") #308 (Requirements for Counsel to Deceased Plaintif
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . On November 15, 2018, a Suggestion of Death was filed by plaintiffs' counsel suggesting the death of Ella Kiser during the pendency of this civil action. [ECF No. 69]. Also pending is Defendants' Rule 25(a)(1) Motion to Dismiss and Memorandum of Law in Support filed on March 21, 2019 [ECF No. 74]. Pursuant to Federal Rule of Civil Procedure 25(a) and Pretrial Order ("PTO") #308 (Requirements for Counsel to Deceased Plaintiff..
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MEMORANDUM OPINION AND ORDER
JOSEPH R. GOODWIN, District Judge.
On November 15, 2018, a Suggestion of Death was filed by plaintiffs' counsel suggesting the death of Ella Kiser during the pendency of this civil action. [ECF No. 69]. Also pending is Defendants' Rule 25(a)(1) Motion to Dismiss and Memorandum of Law in Support filed on March 21, 2019 [ECF No. 74].
Pursuant to Federal Rule of Civil Procedure 25(a) and Pretrial Order ("PTO") #308 (Requirements for Counsel to Deceased Plaintiffs) filed in In re: Ethicon, Inc., Pelvic Repair System Products Liab. Litig., 2:12-md-2327 [ECF No. 6218], the time to substitute a proper party for the deceased party has expired and there has been no motion to substitute the deceased party.
The court ORDERS that pursuant to Rule 25(a) and PTO #308, the claims of Ella Kiser are DISMISSED without prejudice and Ella Kiser is STRICKEN from this case. The court further ORDERS that the Defendants' Rule 25(a)(1) Motion to Dismiss and Memorandum of Law in Support is DENIED as moot. Other plaintiffs remain and this case remains pending on the docket as to the other plaintiffs.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties.
Source: Leagle
