Opinion
MDL NO. 2327 Civil Action No. 2:14-cv-29045
05-06-2020
IN RE: ETHICON, INC., PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO RENAE HUNTSINGER, Plaintiff, v. ETHICON, INC., and JOHNSON & JOHNSON, Defendants.
MEMORANDUM OPINION AND ORDER
Plaintiff, Renae Huntsinger's counsel filed this civil action on November 26, 2014 [ECF No. 1]. On November 15, 2018, plaintiff's counsel filed a Suggestion of Death noting the death of plaintiff Renae Huntsinger on or about September 13, 2013. Because the plaintiff was deceased prior to the time this case was filed, she cannot bring a lawsuit in her own name. "[A] lawsuit filed in the name of a deceased individual is a nullity over which this Court has no jurisdiction." In re Engle Cases, No. 3:09-cv-1000-J-32JBT, 2013 WL 8115442, at *2 (M.D. Fla. Jan. 22, 2013). Accordingly, the court ORDERS that this case is DISMISSED without prejudice and STRICKEN from the docket of this court.
The court DIRECTS the Clerk to file a copy of this Order and to send a copy of this Order to counsel and any unrepresented party.
ENTER: May 6, 2020
/s/_________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE