Opinion
MDL 2327 Civil Action No. 2:13-cv-16537
03-12-2020
IN RE: ETHICON, INC., PELVIC REPAIR SYSTEMS PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHERRY LYNN ZEHR, Plaintiff, v. ETHICON, INC., and JOHNSON & JOHNSON, Defendants.
MEMORANDUM OPINION AND ORDER
On September 24, 2018, a Suggestion of Death was filed by defendants' counsel suggesting the death of Sherry Lynn Zehr during the pendency of this civil action. [ECF No. 23].
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 there has been no motion to substitute the deceased party. Sherry Lynn Zehr 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: March 12, 2020
/s/_________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE