Hamby v. American Medical Systems, Inc., No. 2:2013cv07902 - Document 20 (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 12/18/2019. (cc: counsel of record; any unrepresented party) (st)

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Hamby v. American Medical Systems, Inc. Doc. 20 IN THE UNITED STATE DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: AMERICAN MEDICAL SYSTEMS, INC. PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION MDL 2325 BRIDGET R. HAMBY, Plaintiff, v. CIVIL ACTION NO. 2:13-cv-07902 AMERICAN MEDICAL SYSTEMS, INC., Defendant. MEMORANDUM OPINION AND ORDER On January 2, 2019, plaintiff’s counsel filed a Suggestion of Death noting the death of plaintiff Bridget Hamby during the pendency of this action [ECF No. 14]. Defendant filed a Motion to Dismiss Plaintiff’s Complaint with Prejudice requesting dismissal of this case because the deceased plaintiff has not been substituted [ECF No. 16], and counsel for plaintiff has not responded to the motion. Pretrial Order (“PTO”) # 259 filed in In re: American Medical Systems, Inc., Pelvic Repair Sys. Prods. Liab. Litig., 2:12-md-2325 (“AMS 2325”) [ECF No. 6347] 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 Suggestion of Death did not comply with Rule 25(a) as it was never properly served upon non-parties or a personal representative of the estate. Regardless, the Dockets.Justia.com time period as set forth in PTO # 289 to substitute a party has since passed. 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: December 18, 2019 2

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