Paris v. Ethicon Inc et al

Filing 78

ORDER: THIS MATTER is before the Court on Defendants' Status Report, Dkt. 77 , which followed Plaintiff Barbara Paris's June 1, 2022, Suggestion of Death, Dkt. 74 . As of August 31, 2022, ninety days have elapsed since this notice was served and there has been no motion. Defendants assert that Paris's appointed counsel has informed them that he no longer represents Paris or her Estate. Dkt. 77 at 1. Accordingly, this matter is DISMISSED with prejudice. Signed by Judge Benjamin H. Settle. (MW)

Case 3:20-cv-06266-BHS Document 78 Filed 09/19/22 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CASE NO. C20-6266 BHS

BARBARA PARIS,
Plaintiff,

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ORDER

v.
ETHICON, INC. and JOHNSON &
JOHNSON,

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Defendants.
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THIS MATTER is before the Court on Defendants’ Status Report, Dkt. 77, which

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followed Plaintiff Barbara Paris’s June 1, 2022, Suggestion of Death, Dkt. 74. Under Fed.

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R. Civ. P. 25(a)(1), any party or decedent’s successor or representative has ninety days to

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make a motion for substitution. If the motion is not made within ninety days after service
of a statement noting the death, the action by or against the decedent must be dismissed.
As of August 31, 2022, ninety days have elapsed since this notice was served and
there has been no motion. Defendants assert that Paris’s appointed counsel has informed
them that he no longer represents Paris or her Estate. Dkt. 77 at 1.
Accordingly, this matter is DISMISSED with prejudice.

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ORDER - 1

Case 3:20-cv-06266-BHS Document 78 Filed 09/19/22 Page 2 of 2

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The Clerk shall enter a JUDGMENT and close the case.

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IT IS SO ORDERED.

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Dated this 19th day of September, 2022.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2