Milam v. Ethicon, Inc. et al, No. 2:2015cv05586 - 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, 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)
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Milam v. Ethicon, Inc. et al Doc. 24 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 BILLIE R. MILAM, Plaintiff, v. Civil Action No. 2:15-cv-05586 ETHICON, INC., and JOHNSON & JOHNSON, Defendants. MEMORANDUM OPINION AND ORDER Plaintiff, Billie R. Milam’s counsel filed this civil action on May 4, 2015, [ECF No. 1]. On November 15, 2018, plaintiff’s counsel filed a Suggestion of Death noting the death of plaintiff Billie R. Milam on or about April 24, 2015. 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-1000J-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
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