Vasquez et al v. Does 1 through 500, No. 2:2015cv05855 - Document 71 (S.D.W. Va. 2021)
Court Description: MEMORANDUM OPINION AND ORDER directing that the claims of plaintiff Patsy Hyder are DISMISSED without prejudice; plaintiffs' remain in this case and it should remain open. Signed by Judge Joseph R. Goodwin on 3/1/2021. (cc: counsel of record; any unrepresented parties) (kew)
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Vasquez et al v. Does 1 through 500 Doc. 71 Case 2:15-cv-05855 Document 71 Filed 03/01/21 Page 1 of 3 PageID #: 2653 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: ETHICON, INC., PELVIC REPAIR SYSTEMS PRODUCTS LIABILITY LITIGATION MDL 2327 THIS DOCUMENT RELATES TO: VASQUEZ, et al, Plaintiffs, v. Civil Action No. 2:15-cv-05855 ETHICON, INC., ETHICON, LLC and, JOHNSON & JOHNSON, Defendants. MEMORANDUM OPINION AND ORDER On November 14, 2018, a Notice of Death of Plaintiff was filed by plaintiffs’ counsel suggesting the death of plaintiff Patsy Hyder on April 9, 2016. [ECF No. 65]. Defendants filed a Motion to Dismiss without prejudice under Rule 25(a). [ECF No. 67]. Plaintiffs’ counsel responded confirming that plaintiff Patsy Hyder is deceased and that they were unable to comply with the requirements of PTO # 308. [ECF No. 68]. Pursuant to Federal Rule of Civil Procedure 25(a) and Pretrial Order (“PTO”) # 308 (Requirements for Counsel to Deceased Plaintiffs) filed in In re: Ethicon, Inc., Pelvic Repair System Products Liab. Litig., 2:12-md-2327 [ECF No. 6218], the time to substitute a proper party for the deceased party has expired and there has been no motion to substitute the deceased party. Dockets.Justia.com Case 2:15-cv-05855 Document 71 Filed 03/01/21 Page 2 of 3 PageID #: 2654 The court ORDERS that pursuant to Rule 25(a) and PTO # 308, the claims of plaintiff Patsy Hyder are DISMISSED without prejudice. Plaintiffs remain in this case and it should remain open. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties. ENTER: March 1, 2021 2 Case 2:15-cv-05855 Document 71 Filed 03/01/21 Page 3 of 3 PageID #: 2655 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: ETHICON, INC., PELVIC REPAIR SYSTEMS PRODUCTS LIABILITY LITIGATION MDL 2327 THIS DOCUMENT RELATES TO: JOY J. MILLER, Plaintiff, v. Civil Action No. 2:13-cv-08507 ETHICON, INC., ETHICON, LLC and, JOHNSON & JOHNSON, Defendants. JUDGMENT ORDER In accordance with the accompanying Memorandum Opinion and Order of this date, the court ORDERS that this case be 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: February 26, 2020
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