Opinion
2:18-md-2846
01-12-2024
IN RE DAVOL, INC./C.R. BARD, INC., POLYPROPYLENE HERNIA MESH PRODUCTS LIABILITY LITIGATION This document relates to: Driggers, et al. v. C.R. Bard, Inc., et al. Case No. 2:20-cv-588
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 Plaintiffs' unopposed Motion to Substitute Party. (ECF No. 3.) Rule 25 provides that, “[i]f a party dies and the claim is not extinguished, the court may order substitution of the proper party.” Fed.R.Civ.P. 25(a)(1). “A motion for substitution may be made by any party or by the decedent's successor or representative.” Id.
Following Plaintiff Clayton Driggers, III's death, Clayton Driggers, Jr. was appointed the personal representative of his estate. (ECF No. 3-3.) Plaintiffs now move for the substitution of Clayton Driggers, Jr., as Personal Representative of the Estate of Clayton Driggers, III, as the proper plaintiff. (ECF No. 3.) Plaintiffs' unopposed Motion to Substitute is GRANTED. The Clerk is directed to substitute Clayton Driggers, Jr., as Personal Representative of the Estate of Clayton Driggers, III as Plaintiff in place of Clayton Driggers, III.
IT IS SO ORDERED.