Kopplin v. American Medical Systems, Inc., No. 2:2018cv00917 - Document 22 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER This case is DISMISSED and STRICKEN from the docket of this court. Signed by Judge Joseph R. Goodwin on 2/7/2020. (cc: counsel of record; any unrepresented party) (st)
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Kopplin v. American Medical Systems, Inc. Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: AMERICAN MEDICAL SYSTEMS, INC., PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION MDL NO. 2325 THIS DOCUMENT RELATES TO KRISTIN KOPPLIN, Plaintiff, v. Civil Action No. 2:18-cv-00917 AMERICAN MEDICAL SYSTEMS, INC., Defendant. MEMORANDUM OPINION AND ORDER Plaintiff, Kristin Kopplin’s counsel filed this civil action on May 11, 2018 [ECF No. 1]. On September 12, 2019, Defendant American Medical System, Inc. filed a Motion to Dismiss Plaintiff Kristin Kopplin’s Complaint Pursuant to PTO 259 and FRCP 25(a)(1) [ECF No. 15]. Filed with the defendant’s Motion to Dismiss is a copy of a Certificate of Death of Kristin LaVerne Kopplin with November 25, 2015 as the date of Ms. Kopplin’s death [ECF 15-2]. Plaintiff’s counsel’s response to defendant’s Motion to Dismiss confirmed that Ms. Kopplin passed away on November 25, 2015 [ECF No. 17]. 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 and STRICKEN from the Dockets.Justia.com 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 7, 2020 2
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