Opinion
Civil Action No. 2:14-cv-00811
09-28-2020
MARY WEAST Plaintiff, v. ETHICON, INC., ETICON, LLC JOHNSON & JOHNSON, Defendants.
MEMORANDUM OPINION AND ORDER
On February 8, 2019, a Suggestion of Death was filed by plaintiff's counsel suggesting the death of Mary Weast during the pendency of this civil action. [ECF No. 12]. On May 3, 2019, counsel filed a Motion for Extension of Time to Serve Non-Parties with Plaintiff's Suggestion of Death, requesting until August 8, 2019, to serve non-parties with the Suggestion of Death [ECF No. 14].
Pursuant to Federal Rule of Civil Procedure 25(a) and Pretrial Order ("PTO") # 308 (Requirements for Counsel to Deceased Plaintiffs) filed in In re: Ethicon, Inc., Pelvic Repair System Products Liab. Litig., 2:12-md-2327 [ECF No. 6218], the time to substitute a proper party for the deceased party has expired, and up to and including this date there has been no motion to substitute the deceased party. Mary Weast was the only plaintiff named in this civil action.
The court ORDERS that pursuant to Rule 25(a) and PTO # 308, 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 party.
ENTER: September 28, 2020
/s/_________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE