Larsen v. Ethicon, Inc. et al, No. 2:2014cv28082 - Document 18 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER directing that because the plaintiff was deceased prior to the time this case was filed, she cannot bring a lawsuit in her own name; therefore, this case is DISMISSED without prejudice and STRICKEN from the docket of this court. Signed by Judge Joseph R. Goodwin on 6/11/2020. (cc: counsel; any unrepresented party) (maw)
Download PDF
<![CDATA[
Larsen v. Ethicon, Inc. et al Doc. 18 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: ETHICON, INC., PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION MDL NO. 2327 THIS DOCUMENT RELATES TO PEARLE LARSEN, Plaintiff, v. Civil Action No. 2:14-cv-28082 ETHICON, INC., and JOHNSON & JOHNSON, Defendants. MEMORANDUM OPINION AND ORDER Plaintiff, Pearle Larsen’s counsel filed this civil action on November 14, 2014, [ECF No. 1]. On November 15, 2018, plaintiff’s counsel filed a Suggestion of Death noting the death of plaintiff on or about October 16, 2013. Because the plaintiff was deceased prior to the time this case was filed, she cannot bring a lawsuit in her own name. “[A] lawsuit filed in the name of a deceased individual is a nullity over which this Court has no jurisdiction.” In re Engle Cases, No. 3:09-cv-1000-J-32JBT, 2013 WL 8115442, at *2 (M.D. Fla. Jan. 22, 2013). Accordingly, the court ORDERS that this case is DISMISSED without prejudice and STRICKEN from the docket of this court. The court DIRECTS the Clerk to file a copy of this Order and to send a copy of this Order to counsel and any unrepresented party. ENTER: June 11, 2020 Dockets.Justia.com
]]>
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.
