MDL 2327 Civil Action No. 2:14-cv-09413
MEMORANDUM OPINION AND ORDER
On February 8, 2018, a Suggestion of Death was filed by plaintiff's counsel suggesting the death of Sue Ellen Fleckner during the pendency of this civil action. [ECF No. 14]. Plaintiff's counsel filed a Motion to Extend Time to File Service of Suggestion of Death to Non-Parties and on June 26, 2019, filed a Notice of Completion of Notice to Heirs of Suggestion of Death and Satisfaction of Requirements of PTO 308 [ECF No. 17].
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. Sue Ellen Fleckner 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.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties.
ENTER: February 12, 2020
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE