Opinion
MDL 2327 Civil Action No. 2:15-cv-05600
05-29-2020
IN RE: ETHICON, INC., PELVIC REPAIR SYSTEMS PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: LINDA GORDON, et al. Plaintiffs, v. JOHNSON & JOHNSON, and ETHICON, INC., Defendants.
MEMORANDUM OPINION AND ORDER
On August 6, 2018, a Suggestion of Death was filed by defendants' counsel suggesting the death of Jeff Gordon during the pendency of this civil action. [ECF No. 17].
Pursuant to Federal Rule of Civil Procedure 25(a) and Pretrial Order ("PTO") # 308 (Requirements for Counsel to Deceased Plaintiffs) filed in In re: Ethicon, Inc., Pelvic Repair System Products Liab. Litig., 2:12-md-2327 [ECF No. 6218], the time to substitute a proper party for the deceased party has expired and there has been no motion to substitute the deceased party.
The court ORDERS that pursuant to Rule 25(a) and PTO # 308, the claims of Jeff Gordon are DISMISSED without prejudice and Jeff Gordon is stricken from this case. Plaintiff Linda Gordon's claims continue, and this case remains pending on the court's docket.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties.
ENTER: May 29, 2020
/s/_________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE