Dorantes et al v. Johnson & Johnson et al, No. 2:2015cv05858 - Document 108 (S.D.W. Va. 2020)

Court Description: MEMORANDUM OPINION AND ORDER Pursuant to Rule 25(a) and PTO # 308, the claims of Ella Kiser are DISMISSED without prejudice and Ella Kiser is STRICKEN from this case; and the 74 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Dismiss Without Prejudice, re: Ella Kiser is DENIED as moot. Signed by Judge Joseph R. Goodwin on 1/16/2020. (cc: counsel of record; any unrepresented party) (st)

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Dorantes et al v. Johnson & Johnson et al Doc. 108 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: ROSA MARIA DORANTES, et al. Plaintiffs, v. Civil Action No. 2:15-cv-05858 JOHNSON & JOHNSON ETHICON, INC. and ETHICON, LLC, Defendants. MEMORANDUM OPINION AND ORDER On November 15, 2018, a Suggestion of Death was filed by plaintiffs' counsel suggesting the death of Ella Kiser during the pendency of this civil action. [ECF No. 69]. Also pending is Defendants’ Rule 25(a)(1) Motion to Dismiss and Memorandum of Law in Support filed on March 21, 2019 [ECF No. 74]. 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. The court ORDERS that pursuant to Rule 25(a) and PTO # 308, the claims of Ella Kiser are DISMISSED without prejudice and Ella Kiser is STRICKEN from this case. The court Dockets.Justia.com further ORDERS that the Defendants’ Rule 25(a)(1) Motion to Dismiss and Memorandum of Law in Support is DENIED as moot. Other plaintiffs remain and this case remains pending on the docket as to the other plaintiffs. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties. ENTER: January 16, 2020 2

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