Opinion
2:21-cv-3865
03-22-2023
IN RE DAVOL, INC./C.R. BARD, INC., POLYPROPYLENE HERNIA MESH PRODUCTS LIABILITY LITIGATION v. Becton, Dickinson and Co., et al. No. 2:18-md-2846 This document relates to Harston
Kimberly A. Jolson, Magistrate Judge
ORDER
EDMUND A. SARGUS, JR., UNITED STATES DISTRICT JUDGE
This matter is before the Court on Plaintiff's unopposed Motion to Substitute Party. (ECF No. 9.) 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's death, Patty Harston was appointed the administratrix of his estate. (ECF No. 9.) Plaintiff now moves for the substitution of Patty Harston, as Administratrix of the Estate of Perry Harston, as the proper plaintiff. (Id.) Plaintiff's unopposed Motion to Substitute is GRANTED. The Clerk is directed to substitute Patty Harston, as Administratrix of the Estate of Perry Harston, as Plaintiff in place of Perry Harston.
IT IS SO ORDERED.