Huntsinger v. Ethicon, Inc. et al, No. 2:2014cv29045 - Document 24 (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 5/6/2020. (cc: counsel; any unrepresented party) (maw)
Download PDF
<![CDATA[
Huntsinger v. Ethicon, Inc. et al Doc. 24 Case 2:14-cv-29045 Document 24 Filed 05/06/20 Page 1 of 1 PageID #: 105 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 RENAE HUNTSINGER, Plaintiff, v. Civil Action No. 2:14-cv-29045 ETHICON, INC., and JOHNSON & JOHNSON, Defendants. MEMORANDUM OPINION AND ORDER Plaintiff, Renae Huntsinger’s counsel filed this civil action on November 26, 2014 [ECF No. 1]. On November 15, 2018, plaintiff’s counsel filed a Suggestion of Death noting the death of plaintiff Renae Huntsinger on or about September 13, 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: May 6, 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.
