Burchfield v. C.R. Bard, Inc. et al

Filing 6

ORDER granting 5 Motion to Substitute Party and granting 5 Motion to Amend/Correct. Signed by Judge Edmund A. Sargus on 2/7/2024. (cmw)

UNITED STATES DISTRICT COURT
THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
IN RE: DAVOL, INC./C.R. BARD,
INC., POLYPROPYLENE HERNIA
MESH PRODUCTS LIABILITY
LITIGATION

Case No. 2:18-md-2846
Judge Edmund A. Sargus, Jr.
Magistrate Judge Kimberly A. Jolson

This document relates to:
Burchfield v. C.R. Bard, Inc., et al.
Case No. 2:19-cv-1862
ORDER
This matter is before the Court on Plaintiff’s unopposed Motion to Substitute Party and
Amend Complaint. (ECF No. 5.) Rule 25 provides that, “[i]f a party dies and the claim is not
extinguished, the court may order substitution of the proper party.” Fed. R. Civ. P. 25(a)(1). “A
motion for substitution may be made by any party or by the decedent’s successor or
representative.” Id.
Following Plaintiff’s death, Corinne Burchfield was appointed the administrator of
Plaintiff’s estate. (ECF No. 5-2.) Plaintiff now moves for the substitution of Corinne Burchfield,
as Administrator of the Estate of Victor Burchfield, as the proper plaintiff. (ECF No. 5.) Plaintiff’s
unopposed Motion to Substitute and Amend Complaint is GRANTED. The Clerk is directed to
substitute Corinne Burchfield, as Administrator of the Estate of Victor Burchfield, as Plaintiff in
place of Victor Burchfield.
IT IS SO ORDERED.

2/7/2024
DATE

s/Edmund A. Sargus, Jr.
EDMUND A. SARGUS, JR.
UNITED STATES DISTRICT JUDGE