Pendergrass v. Boston Scientific Corporation, No. 2:2014cv17054 - Document 24 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER directing that pursuant to Rule 25(a) and PTO # 191, this case is DISMISSED without prejudice and STRICKEN from the docket. Signed by Judge Joseph R. Goodwin on 8/18/2020. (cc: counsel of record; any unrepresented party) (maw)
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Pendergrass v. Boston Scientific Corporation Doc. 24 Case 2:14-cv-17054 Document 24 Filed 08/18/20 Page 1 of 1 PageID #: 161 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: BOSTON SCIENTIFIC CORP., PELVIC REPAIR SYSTEMS PRODUCTS LIABILITY LITIGATION MDL 2326 THIS DOCUMENT RELATES TO: BARBARA PENDERGRASS, Plaintiff, v. Civil Action No. 2:14-cv-17054 BOSTON SCIENTIFIC CORPORATION, Defendant. MEMORANDUM OPINION AND ORDER On August 30, 2018, a Suggestion of Death was filed by plaintiff's counsel suggesting the death of Barbara Pendergrass during the pendency of this civil action. [ECF No. 17]. Pursuant to Federal Rule of Civil Procedure 25(a) and Pretrial Order (“PTO”) # 191 (Requirements for Counsel to Deceased Plaintiffs) filed in In re: Boston Scientific Corp., Pelvic Repair System Products Liab. Litig., 2:12-md-2326 [ECF No. 6406], the time to substitute a proper party for the deceased party has expired and there has been no motion to substitute the deceased party. Barbara Pendergrass is the only plaintiff named in this civil action. The court ORDERS that pursuant to Rule 25(a) and PTO # 191, this case is DISMISSED without prejudice and STRICKEN from the docket. 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 parties. ENTER: August 18, 2020 Dockets.Justia.com
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