Opinion
MDL 2326 Civil Action No. 2:14-cv-17054
08-18-2020
IN RE: BOSTON SCIENTIFIC CORP., PELVIC REPAIR SYSTEMS PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: BARBARA PENDERGRASS, Plaintiff, v. BOSTON SCIENTIFIC CORPORATION, Defendant.
MEMORANDUM OPINION AND ORDER
On August 30, 2018, a Suggestion of Death was filed by plaintiff's counsel suggesting the death of Barbara Pendergrass during the pendency of this civil action. [ECF No. 17].
Pursuant to Federal Rule of Civil Procedure 25(a) and Pretrial Order ("PTO") # 191 (Requirements for Counsel to Deceased Plaintiffs) filed in In re: Boston Scientific Corp., Pelvic Repair System Products Liab. Litig., 2:12-md-2326 [ECF No. 6406], the time to substitute a proper party for the deceased party has expired and there has been no motion to substitute the deceased party. Barbara Pendergrass is the only plaintiff named in this civil action.
The court ORDERS that pursuant to Rule 25(a) and PTO # 191, 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: August 18, 2020
/s/_________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE