Neely v. Davol, Inc. et al

Filing 5

ORDER granting 4 Motion to Substitute Party.. Signed by Judge Edmund A. Sargus on 9/23/2022. (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:
Neely v. Davol, Inc. et al.
Case No. 2:20-cv-2052
ORDER
This matter is before the Court on Plaintiff’s unopposed Motion to Substitute Party. (ECF
No. 4.) 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, his sister Angela Neely was appointed the personal
representative of his estate. (ECF No. 4.) Plaintiff now moves for the substitution of Angela
Neely, as Representative of the Estate of Robert Neely as the proper plaintiff. (Id.) Plaintiff’s
unopposed Motion to Substitute Angela Neely as the proper plaintiff is GRANTED. The Clerk
is directed to substitute Angela Neely, as Representative of the Estate of Robert Neely as Plaintiff
in place of Robert Neely.
IT IS SO ORDERED.

9/23/2022
DATE

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