Opinion
Individual 1:19-cv-03902 (PAC)
12-07-2021
IN RE ZIMMER M/L TAPER HIP PROSTHESIS OR M/L TAPER HIP PROSTHESIS WITH KINECTIV TECHNOLOGY and VERSYS FEMORAL HEAD PRODUCTS LIABILITY LITIGATION v. Zimmer, Inc., Zimmer US, Inc., Zimmer Biomet Holdings, Inc. f/k/a Zimmer Holdings, Inc, This Document Relates to Carol L. Balewski &Leonard Balewski
MDL No. 2859
18-MD-2859 (PAC)
18-MC-2859 (PAC)
12/6/2021
PLAINTIFFS' MOTION FOR SUBSTITUTION OF PARTY AND ' LEAVE TO FILE AN AMENDED COMPLAINT
1. This case was filed on May 1, 2019 with the above caption. Subsequently, Carol L. Balewski passed away on October 18, 2020. A Suggestion of Death has been filed.
2. Leonard Balewski is the Executor of the Estate of Carol L. Balewski, and wishes to substitute as true party in interest herein in his own stead, on behalf of the Estate, and on behalf of the statutory beneficiaries pursuant to Fed.R.Civ.P.25(a).
Plaintiffs respectfully request the Court approvedhe substitution of party and request leave) to file an Amended Short Form Complaint to reflect the case style changes./ Defendant has been consulted and does not oppose this motion. Plaintiffs' counsel has obtained consent of the court to file this without the need for a pre-motion conference. Thus, Plaintiffs respectfully request leave to file an Amended Complaint, with the proposed Amended Complaint annexed hereto (Exhibit A).