Opinion
2:18-md-2846
06-07-2023
IN RE: DAVOL, INC./C.R. BARD, INC., POLYPROPYLENE HERNIA MESH PRODUCTS LIABILITY LITIGATION Trainer v. Davol, Inc., et al. No. 2:22-cv-4387
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 Plaintiff's 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's death, Carol Trainer was appointed as administrator of his estate. (ECF No. 3-4.) Plaintiff now moves for the substitution of Carol Trainer, as administrator of the estate of Howard Trainer, III, as the proper plaintiff. (ECF No. 3.) Plaintiff's unopposed Motion to Substitute is GRANTED. The Clerk is directed to substitute Carol Trainer, as administrator of the estate of Howard Trainer, III, as Plaintiff in place of Howard Trainer, III.
IT IS SO ORDERED.