White v. Ethicon, Inc. et al, No. 2:2013cv28950 - Document 24 (S.D.W. Va. 2020)

Court Description: MEMORANDUM OPINION AND ORDER directing 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 9/28/2020. (cc: counsel of record; any unrepresented party) (kew)

Download PDF
White v. Ethicon, Inc. et al Doc. 24 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION JANET WHITE, Plaintiff, v. Civil Action No. 2:13-cv-28950 ETHICON, INC. ETHICON, LLC and JOHNSON & JOHNSON, Defendants. MEMORANDUM OPINION AND ORDER On August 31, 2017, a Suggestion of Death was filed by plaintiff's counsel suggesting the death of Janet White during the pendency of this civil action. [ECF No. 9]. 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. The plaintiff has on two separate occasions filed Motions requesting substitution of the deceased plaintiff and both motions were denied [ECF Nos. 15 and 20]. Rule 25(a) sets out the requirements for a proper motion to substitute a party and PTO # 308 reiterates the requirements for a Motion to Substitute. In this civil action, there has been no proper motion to substitute the deceased party. Janet White was the only plaintiff named in this matter. 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: September 28, 2020 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.