Opinion
2:18-md-2846
06-20-2023
IN RE DAVOL, INC./C.R. BARD, INC., POLYPROPYLENE HERNIA MESH PRODUCTS LIABILITY LITIGATION v. C.R. Bard, Inc. et al. No. 2:22-cv-4375 This document relates to: Turner
Magistrate Judge Kimberly A. Jolson
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. 4.) 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, Tammy D. Fennel was appointed as administratrix of his estate. (ECF No. 4-1.) Plaintiff now moves for the substitution of Tammy D. Fennel, as Administratrix of the Estate of Franklin Turner, as the proper plaintiff. (ECF No. 4.) Plaintiff's unopposed Motion to Substitute is GRANTED. The Clerk is directed to substitute Tammy D. Fennel, as Administratrix of the Estate of Franklin Turner, as Plaintiff in place of Franklin Turner.
IT IS SO ORDERED.