Opinion
Civil Action No. 2:13-cv-28950
09-28-2020
JANET WHITE, Plaintiff, v. ETHICON, INC. ETHICON, LLC and JOHNSON & JOHNSON, Defendants.
MEMORANDUM OPINION AND ORDER
On August 31, 2017, a Suggestion of Death was filed by plaintiff's counsel suggesting the death of Janet White during the pendency of this civil action. [ECF No. 9].
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. The plaintiff has on two separate occasions filed Motions requesting substitution of the deceased plaintiff and both motions were denied [ECF Nos. 15 and 20]. Rule 25(a) sets out the requirements for a proper motion to substitute a party and PTO # 308 reiterates the requirements for a Motion to Substitute. In this civil action, there has been no proper motion to substitute the deceased party. Janet White was the only plaintiff named in this matter.
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