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)

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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

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