Britt v. Boston Scientific Corporation, No. 2:2016cv07806 - Document 33 (S.D.W. Va. 2019)

Court Description: MEMORANDUM OPINION AND ORDER The courts ORDERS that Harold Britt is DISMISSED without prejudice and terminated from this civil action. Signed by Judge Joseph R. Goodwin on 10/15/2019. (cc: counsel of record; any unrepresented party) (st)

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Britt v. Boston Scientific Corporation Doc. 33 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: BOSTON SCIENTIFIC CORP., PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION MDL 2326 WILLIE BRITT and HAROLD BRITT, Plaintiffs, v. CIVIL ACTION NO. 2:16-cv-07806 BOSTON SCIENTIFIC CORPORATION, Defendant. MEMORANDUM OPINION AND ORDER On November 6, 2018, plaintiffs’ counsel filed a Suggestion of Death noting the death of plaintiff Harold Britt during the pendency of this action [ECF No. 27]. Plaintiffs’ counsel has filed two Notices of Service indicating service of the Suggestion of Death upon the proper parties [ECF Nos. 28 and 29]. There has been no motion to substitute a party for the deceased plaintiff Harold Britt. Pretrial Order (“PTO”) # 191 filed in In re: Boston Scientific Corporation, Pelvic Repair Sys. Prods. Liab. Litig., 2:12-md-2326 (“Boston MDL 2326”) [ECF No. 6406] outlines the procedures the court requires to either substitute a deceased party pursuant to Federal Rule of Civil Procedure 25(a), or to dismiss the deceased party from the civil action because of a failure to properly serve and substitute the deceased party. Dockets.Justia.com The court FINDS that the Suggestion of Death with the subsequent Notice of Proof of Service filed in this civil action complies with Rule 25(a). The 90-day time period as set forth in Rule 25(a) to substitute a party has passed and the deceased plaintiff has not been substituted. Therefore, the court ORDERS that Harold Britt is DISMISSED without prejudice and terminated from this civil action. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: October 15, 2019 2

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