Cottrell et al v. Johnson & Johnson et al, No. 2:2012cv01565 - Document 67 (S.D.W. Va. 2019)

Court Description: MEMORANDUM OPINION AND ORDER directing that this case is DISMISSED without prejudice and STRICKEN from the docket of this court; any pending motions are DENIED as moot. Signed by Judge Joseph R. Goodwin on 10/9/2019. (cc: counsel of record; any unrepresented party) (st)

Download PDF
Cottrell et al v. Johnson & Johnson et al Doc. 67 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: ETHICON, INC., PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION MDL 2327 TERESA COTTRELL and JOE PALAZZOLO, Plaintiffs, v. CIVIL ACTION NO. 2:12-cv-01565 JOHNSON & JOHNSON, AND ETHICON, INC., Defendants. MEMORANDUM OPINION AND ORDER On January 29, 2016, defendants’ counsel filed a Suggestion of Death noting the death of plaintiff Teresa Cottrell during the pendency of this action [ECF No. 42]. On February 17, 2016 defendants’ counsel filed a Suggestion of Death noting the death of plaintiff Joe Palazzolo during the pendency of this action [ECF No. 44] Pretrial Order (“PTO”) # 308 filed in In re: Ethicon, Inc., Pelvic Repair Sys. Prods. Liab. Litig., 2:12-md-2327 (“MDL 2327”) [ECF No. 6218] 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. The court FINDS that the Suggestions of Death did not comply with Rule 25(a) as they were never properly served upon parties, non-parties or a personal representative of the estates. Nevertheless, the time period as set forth in PTO # 308 to substitute the parties has since passed Dockets.Justia.com for both Teresa Cottrell and Joe Palazzolo. Therefore, the court ORDERS that this case is DISMISSED without prejudice and STRICKEN from the docket of this court. 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: October 9, 2019 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.