Huntsinger v. Ethicon, Inc. et al
Filing
24
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 5/6/2020. (cc: counsel; any unrepresented party) (maw)
Case 2:14-cv-29045 Document 24 Filed 05/06/20 Page 1 of 1 PageID #: 105
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
RENAE HUNTSINGER,
Plaintiff,
v.
Civil Action No. 2:14-cv-29045
ETHICON, INC., and
JOHNSON & JOHNSON,
Defendants.
MEMORANDUM OPINION AND ORDER
Plaintiff, Renae Huntsinger’s counsel filed this civil action on November 26, 2014 [ECF
No. 1]. On November 15, 2018, plaintiff’s counsel filed a Suggestion of Death noting the death
of plaintiff Renae Huntsinger on or about September 13, 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: May 6, 2020
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