Fields v. Johnson & Johnson et al, No. 2:2012cv04473 - Document 41 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER 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. Signed by Judge Joseph R. Goodwin on 1/21/2020. (cc: counsel of record; any unrepresented party) (st)
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Fields v. Johnson & Johnson et al Doc. 41 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: ETHICON, INC., PELVIC REPAIR SYSTEMS PRODUCTS LIABILITY LITIGATION MDL 2327 THIS DOCUMENT RELATES TO: ANGELA FIELDS, Plaintiff, v. Civil Action No. 2:12-cv-04473 JOHNSON & JOHNSON and ETHICON, INC., Defendants. MEMORANDUM OPINION AND ORDER On August 28, 2018, a Suggestion of Death was filed by plaintiff's counsel suggesting the death of Angela Fields during the pendency of this civil action. [ECF No. 34]. 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. Angela Fields 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. Dockets.Justia.com The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties. ENTER: January 21, 2020 2
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