Kiel v. Ethicon, Inc. et al, No. 2:2015cv11448 - Document 20 (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)
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Kiel v. Ethicon, Inc. et al Doc. 20 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 CYNTHIA KIEL, Plaintiff, v. Civil Action No. 2:15-cv-11448 ETHICON, INC., and JOHNSON & JOHNSON, Defendants. MEMORANDUM OPINION AND ORDER Plaintiff, Cynthia Kiel’s counsel filed this civil action on July 22, 2015, [ECF No. 1]. On November 26, 2018, plaintiff’s counsel filed a Suggestion of Death noting the death of plaintiff Cynthia Kiel on May 1, 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-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
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