Opinion
MDL NO. 2327 Civil Action No. 2:15-cv-11448
06-11-2020
IN RE: ETHICON, INC., PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO CYNTHIA KIEL, Plaintiff, v. ETHICON, INC., and JOHNSON & JOHNSON, Defendants.
MEMORANDUM OPINION AND ORDER
Plaintiff, Cynthia Kiel's counsel filed this civil action on July 22, 2015, [ECF No. 1]. On November 26, 2018, plaintiff's counsel filed a Suggestion of Death noting the death of plaintiff Cynthia Kiel on May 1, 2015. 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: June 11, 2020
/s/_________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE