Opinion
MDL NO. 2327 Civil Action No. 2:15-cv-05586
06-11-2020
IN RE: ETHICON, INC., PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO BILLIE R. MILAM, Plaintiff, v. ETHICON, INC., and JOHNSON & JOHNSON, Defendants.
MEMORANDUM OPINION AND ORDER
Plaintiff, Billie R. Milam's counsel filed this civil action on May 4, 2015, [ECF No. 1]. On November 15, 2018, plaintiff's counsel filed a Suggestion of Death noting the death of plaintiff Billie R. Milam on or about April 24, 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