Larsen v. Ethicon, Inc. et al
Filing
18
MEMORANDUM OPINION AND ORDER directing that because the plaintiff was deceased prior to the time this case was filed, she cannot bring a lawsuit in her own name; therefore, this case is DISMISSED without prejudice and STRICKEN from the docket of this court. Signed by Judge Joseph R. Goodwin on 6/11/2020. (cc: counsel; any unrepresented party) (maw)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
IN RE: ETHICON, INC.,
PELVIC REPAIR SYSTEM
PRODUCTS LIABILITY LITIGATION
MDL NO. 2327
THIS DOCUMENT RELATES TO
PEARLE LARSEN,
Plaintiff,
v.
Civil Action No. 2:14-cv-28082
ETHICON, INC., and
JOHNSON & JOHNSON,
Defendants.
MEMORANDUM OPINION AND ORDER
Plaintiff, Pearle Larsen’s counsel filed this civil action on November 14, 2014, [ECF No.
1]. On November 15, 2018, plaintiff’s counsel filed a Suggestion of Death noting the death of
plaintiff on or about October 16, 2013. Because the plaintiff was deceased prior to the time this
case was filed, she cannot bring a lawsuit in her own name. “[A] lawsuit filed in the name of a
deceased individual is a nullity over which this Court has no jurisdiction.” In re Engle Cases,
No. 3:09-cv-1000-J-32JBT, 2013 WL 8115442, at *2 (M.D. Fla. Jan. 22, 2013). Accordingly,
the court ORDERS that this case is DISMISSED without prejudice and STRICKEN from the
docket of this court.
The court DIRECTS the Clerk to file a copy of this Order and to send a copy of this
Order to counsel and any unrepresented party.
ENTER: June 11, 2020
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