Opinion
MDL 2326 Civil Action No. 2:14-cv-03331
05-04-2020
MEMORANDUM OPINION AND ORDER
On September 19, 2018, a Suggestion of Death was filed by plaintiff's counsel suggesting the death of Shelina Ratcliff 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. Shelina Ratcliff 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: May 4, 2020
/s/_________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE