Meaige v. Ethicon, Inc. et al, No. 2:2014cv15099 - Document 22 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER finding that the Suggestion of Death did not comply with Rule 25(a), but the time period as set forth in PTO # 308 to substitute a party has since passed; 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 4/9/2019. (cc: counsel of record; any unrepresented party) (kab)
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Meaige v. Ethicon, Inc. et al Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION FREDA MEAIGE, Plaintiff, v. CIVIL ACTION NO. 2:14-cv-15099 ETHICON, INC., et al. Defendants. MEMORANDUM OPINION AND ORDER On September 27, 2017, defendants’ counsel filed a Suggestion of Death [ECF No. 11] noting the death of plaintiff Freda Meaige during the pendency of this action. Defendants’ counsel then filed Defendants’ Rule 25(a)(1) Motion to Dismiss on January 4, 2018 [ECF No. 13]. Pretrial Order (“PTO”) # 308 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 substitute the deceased party. The court FINDS that the Suggestion of Death did not comply with Rule 25(a), but the time period as set forth in PTO # 308 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: April 9, 2019 Dockets.Justia.com
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