Cortinas v. Am. Med. Sys. (In re Am. Med. Sys., Inc. Pelvic Repair Sys. Prods. Liab. Litig.)

Full title: IN RE: AMERICAN MEDICAL SYSTEMS, INC. PELVIC REPAIR SYSTEMS PRODUCTS…

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION

Date published: Jan 29, 2020

MDL 2325 (S.D.W. Va. Jan. 29, 2020)

Opinion

MDL 2325 Civil Action No. 2:14-cv-20684

01-29-2020

IN RE: AMERICAN MEDICAL SYSTEMS, INC. PELVIC REPAIR SYSTEMS PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: EUCEBIA FLORES CORTINAS, Plaintiff, v. AMERICAN MEDICAL SYSTEMS, INC., Defendant.

JOSEPH R. GOODWIN UNITED STATES DISTRICT JUDGE

MEMORANDUM OPINION AND ORDER

On February 8, 2019, a Suggestion of Death was filed by defendant's counsel suggesting the death of Eucebia Flores Cortina during the pendency of this civil action. [ECF No. 12].

Pursuant to Federal Rule of Civil Procedure 25(a) and Pretrial Order ("PTO") # 259 (Requirements for Counsel to Deceased Plaintiffs) filed in In re: American Medical Systems, Inc., Pelvic Repair System Products Liab. Litig., 2:12-md-2325 [ECF No. 6347], the time to substitute a proper party for the deceased party has expired and there has been no motion to substitute the deceased party. Eucebia Flores Cortina is the only plaintiff named in this civil action.

The court ORDERS that pursuant to Rule 25(a) and PTO # 259, this case is DISMISSED without prejudice and STRICKEN from the docket. Any pending motions are DENIED as moot.

The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties.

ENTER: January 29, 2020

/s/_________

JOSEPH R. GOODWIN

UNITED STATES DISTRICT JUDGE