Opinion
2:18-md-2846
03-09-2023
IN RE DAVOL, INC./C.R. BARD, INC., POLYPROPYLENE HERNIA MESH PRODUCTS LIABILITY LITIGATION This document relates to: Latorre v.
Magistrate Judge Kimberly A. Jolson
ORDER
DATE 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, his wife Mary Jo Latorre was appointed the personal representative of his estate. (ECF No. 4.) Plaintiff now moves for the substitution of Mary Jo Latorre, as Personal Representative of the Estate of Frank Latorre, as the proper plaintiff. (Id.) Plaintiff's unopposed Motion to Substitute is GRANTED. The Clerk is directed to substitute Mary Jo Latorre, as Personal Representative of the Estate of Frank Latorre, as Plaintiff in place of Frank Latorre.
IT IS SO ORDERED.