Opinion
2:18-md-2846
01-05-2024
IN RE DAVOL, INC./C.R. BARD, INC., POLYPROPYLENE HERNIA MESH PRODUCTS LIABILITY LITIGATION This document relates to: Bernal v. C.R. Bard, Inc., et al. Case No. 2:24-cv-37
EDMUND A. SARGUS, JR., UNITED STATES DISTRICT JUDGE.
KIMBERLY A. JOLSON, MAGISTRATE JUDGE.
ORDER
EDMUND A. SARGUS, JR., UNITED STATES DISTRICT JUDGE.
This matter is before the Court on a Motion to Substitute Deceased Plaintiff (ECF No. 5). Two months after filing the Motion, Plaintiff's counsel filed a supplemental document stating that the Plaintiff's family, including the proposed substitute, indicated to counsel that they did not wish to pursue this case any further and that Plaintiff's counsel “does not intend to proceed with the substitution of parties.” (ECF No. 6.) Accordingly, the Motion to Substitute (ECF No. 5) is DENIED AS MOOT.
Given the representations made in the supplemental filing, Plaintiff's counsel is ordered to show cause within 30 days why this case should not be dismissed without prejudice.
IT IS SO ORDERED.