Marsh v. 3M Company et al

Filing 13

ORDER granting 9 Motion to Substitute Party. Thomas L. Marsh added. Judy Marsh terminated.(Written Opinion) Signed by Magistrate Judge David T. Schultz on 4/29/2019. (AJS)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

IN RE BAIR HUGGER FORCED AIR
WARMING PRODUCTS
LIABILITY LITIGATION

MDL NO. 15-2666 (JNE/DTS)

This Document Relates to:
ORDER
JUDY MARSH
v.
3M CO., ET AL.
17-CV-3335
______________________________________________________________________
This matter is before the Court on Plaintiff’s motion to substitute the plaintiff in this
action (Docket No. 9). Judy Marsh is now deceased. Suggestion of Death, Docket No. 7.
Thomas L. Marsh, administrator of Judy’s estate, seeks to be substituted as plaintiff. See
Green Decl., March 21, 2019, Ex. A (Letters of Administration), Docket No. 10.
Defendants do not oppose the motion. Meet and Confer Statement, Docket No. 11.
Federal Rule of Civil Procedure 25(a)(1) states that, upon the death of a party
which does not extinguish the claim, “a motion for substitution may be made by any party
or by the decedent’s successor or representative.” Plaintiff has satisfactorily shown that
the claims were not extinguished with Judy Marsh’s passing and that Thomas L. Marsh
is the proper party to take her place under Illinois state law.
IT IS HEREBY ORDERED that Plaintiff’s Motion to Substitute Parties [Docket No.
9] is GRANTED. The Clerk of Court shall substitute Thomas L. Marsh for Judy Marsh in
this action.

Dated:
DAVID T. SCHULTZ
United States Magistrate Judge