Brantley et al v. Ethicon, Inc. et al, No. 2:2013cv09479 - Document 33 (S.D.W. Va. 2020)

Court Description: MEMORANDUM OPINION AND ORDER directing 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. Signed by Judge Joseph R. Goodwin on 7/10/2020. (cc: counsel of record; any unrepresented party) (maw)

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Brantley et al v. Ethicon, Inc. et al Doc. 33 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: LETHA BRANTLEY, and CHARLES BRANTLEY, Plaintiffs, v. Civil Action No. 2:13-cv-09479 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 Letha Brantley during the pendency of this civil action. [ECF No. 22]. On October 1, 2018, a Suggestion of Death was filed by plaintiffs’ counsel suggesting the death of Charles Brantley 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 parties has expired and there has been no motion to substitute any of the deceased parties. 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 party. ENTER: July 10, 2020 2

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