In re C.R. Bard, Inc., Pelvic Repair System Products Liability Litigation, 2:13-cv-11199. (2019)
Court: District Court, S.D. West Virginia
Number: infdco20190819f23
Visitors: 9
Filed: Aug. 16, 2019
Latest Update: Aug. 16, 2019
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . On November 14, 2018, plaintiffs' counsel filed a Suggestion of Death noting the death of plaintiff William Edwards during the pendency of this action [ECF No. 28]. Defendants C. R. Bard, Inc. and Tissue Science Laboratories Limited filed a Motion to Dismiss without Prejudice and an Amended Motion for Dismissal without Prejudice [ECF Nos. 31 and 32]. In the Motion to Dismiss and the Amended Motion for Dismissal, the defendant
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . On November 14, 2018, plaintiffs' counsel filed a Suggestion of Death noting the death of plaintiff William Edwards during the pendency of this action [ECF No. 28]. Defendants C. R. Bard, Inc. and Tissue Science Laboratories Limited filed a Motion to Dismiss without Prejudice and an Amended Motion for Dismissal without Prejudice [ECF Nos. 31 and 32]. In the Motion to Dismiss and the Amended Motion for Dismissal, the defendants..
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MEMORANDUM OPINION AND ORDER
JOSEPH R. GOODWIN, District Judge.
On November 14, 2018, plaintiffs' counsel filed a Suggestion of Death noting the death of plaintiff William Edwards during the pendency of this action [ECF No. 28]. Defendants C. R. Bard, Inc. and Tissue Science Laboratories Limited filed a Motion to Dismiss without Prejudice and an Amended Motion for Dismissal without Prejudice [ECF Nos. 31 and 32]. In the Motion to Dismiss and the Amended Motion for Dismissal, the defendants request dismissal of William Edwards for failure to substitute a party within the 90-day frame set out in the Federal Rules of Civil Procedure 25(a). Pretrial Order ("PTO") # 289 filed in In re: C. R. Bard, Inc., Pelvic Repair Sys. Prods. Liab. Litig., 2:10-md-2187 ("Bard 2187") [ECF No. 6195] outlines the procedures the court requires to either substitute a deceased party pursuant to Federal Rule of Civil Procedure 25(a), or to dismiss the deceased party from the civil action because of a failure to properly serve parties and/or nonparties, and substitute the deceased party.
The court FINDS that the Suggestion of Death did not comply with Rule 25(a) as it does not appear to have been properly served upon non-parties or a personal representative of the estate. Regardless, the time period as set forth in PTO # 289 to substitute a party has since passed. Therefore, the court ORDERS that the plaintiff William Edwards is DISMISSED without prejudice and the Motion For Dismissal Without Prejudice and Amended Motion for Dismissal without Prejudice [ECF Nos. 31 and 32] are DENIED as moot.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.
Source: Leagle