Hernandez v. Davol, Inc. et al

Filing 16

ORDER granting 15 Motion to Substitute Party.. Signed by Judge Edmund A. Sargus on 12/14/2023. (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:
Hernandez v. Davol, Inc., et al.
Case No. 2:20-cv-2078
ORDER
This matter is before the Court on Plaintiff’s unopposed Motion to Substitute Party. (ECF
No. 15.) 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, Cecilio G. Hernandez was appointed the executor of Plaintiff’s
estate. (ECF No. 15-1.) Plaintiff now moves for the substitution of Cecilio G. Hernandez, as
Executor of the Estate of Bertha Hernandez, as the proper plaintiff. (ECF No. 15.) Plaintiff’s
unopposed Motion to Substitute is GRANTED. The Clerk is directed to substitute Cecilio G.
Hernandez, as Executor of the Estate of Bertha Hernandez, as Plaintiff in place of Bertha
Hernandez.
IT IS SO ORDERED.

12/14/2023
DATE

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