McCurry v. Ethicon, Inc. et al, No. 2:2015cv11956 - Document 19 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION and ORDER directing that pursuant to Rule 25(a) and PTO # 308, this case is DISMISSED without prejudice and STRICKEN from the docket. Signed by Judge Joseph R. Goodwin on 6/11/2020. (cc: counsel of record; any unrepresented party) (maw)
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McCurry v. Ethicon, Inc. et al Doc. 19 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: CORENA M. McCURRY Plaintiff, v. Civil Action No. 2:15-cv-11956 ETHICON, INC., and JOHNSON & JOHNSON Defendants. MEMORANDUM OPINION AND ORDER On November 15, 2018, a Suggestion of Death was filed by plaintiff's counsel suggesting the death of Corena M. McCurry during the pendency of this civil action. [ECF No. 12]. 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. Corena M. McCurry was the only plaintiff named in this civil action. The court ORDERS that pursuant to Rule 25(a) and PTO # 308, this case is DISMISSED without prejudice and STRICKEN from the docket. Any pending motions are DENIED as moot. Dockets.Justia.com The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: June 11, 2020 2
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