Milam 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, 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
BILLIE R. MILAM,
Plaintiff,
v.
Civil Action No. 2:15-cv-05586
ETHICON, INC., and
JOHNSON & JOHNSON,
Defendants.
MEMORANDUM OPINION AND ORDER
Plaintiff, Billie R. Milam’s counsel filed this civil action on May 4, 2015, [ECF No. 1]. On
November 15, 2018, plaintiff’s counsel filed a Suggestion of Death noting the death of plaintiff Billie
R. Milam on or about April 24, 2015. 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-1000J-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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