In re Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation, 2:15-cv-08091. (2020)
Court: District Court, S.D. West Virginia
Number: infdco20200313g89
Visitors: 5
Filed: Mar. 12, 2020
Latest Update: Mar. 12, 2020
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . On September 17, 2018, a Suggestion of Death was filed by defendants' counsel suggesting the death of Brianne Marshall during the pendency of this civil action. [ECF No. 12]. 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 s
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . On September 17, 2018, a Suggestion of Death was filed by defendants' counsel suggesting the death of Brianne Marshall during the pendency of this civil action. [ECF No. 12]. 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 su..
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MEMORANDUM OPINION AND ORDER
JOSEPH R. GOODWIN, District Judge.
On September 17, 2018, a Suggestion of Death was filed by defendants' counsel suggesting the death of Brianne Marshall during the pendency of this civil action. [ECF No. 12].
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. Brianne Marshall was the only plaintiff named in this civil action.
The court ORDERS that pursuant to Rule 25(a) and PTO # 308, this case is DISMISSED without prejudice and STRICKEN from the docket. Any pending motions 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
