Cortinas v. American Medical Systems, Inc.

Filing 16

MEMORANDUM OPINION AND ORDER Pursuant to Rule 25(a) and PTO # 259, this case is DISMISSED without prejudice and STRICKEN from the docket; any pending motions are DENIED as moot. Signed by Judge Joseph R. Goodwin on 1/29/2020. (cc: counsel of record; any unrepresented party) (st)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
IN RE:

AMERICAN MEDICAL SYSTEMS, INC.
PELVIC REPAIR SYSTEMS
PRODUCTS LIABILITY LITIGATION

MDL 2325

THIS DOCUMENT RELATES TO:
EUCEBIA FLORES CORTINAS,
Plaintiff,
v.

Civil Action No. 2:14-cv-20684

AMERICAN MEDICAL SYSTEMS, INC.,
Defendant.
MEMORANDUM OPINION AND ORDER
On February 8, 2019, a Suggestion of Death was filed by defendant's counsel suggesting
the death of Eucebia Flores Cortina during the pendency of this civil action. [ECF No. 12].
Pursuant to Federal Rule of Civil Procedure 25(a) and Pretrial Order (“PTO”) # 259
(Requirements for Counsel to Deceased Plaintiffs) filed in In re: American Medical Systems, Inc.,
Pelvic Repair System Products Liab. Litig., 2:12-md-2325 [ECF No. 6347], the time to substitute
a proper party for the deceased party has expired and there has been no motion to substitute the
deceased party. Eucebia Flores Cortina is the only plaintiff named in this civil action.
The court ORDERS that pursuant to Rule 25(a) and PTO # 259, this case is DISMISSED
without prejudice and STRICKEN from the docket. Any pending motions are DENIED as moot.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented parties.
ENTER: January 29, 2020