Vasquez et al v. Johnson & Johnson et al

Filing 71

MEMORANDUM OPINION AND ORDER directing that the claims of plaintiff Patsy Hyder are DISMISSED without prejudice; plaintiffs' remain in this case and it should remain open. Signed by Judge Joseph R. Goodwin on 3/1/2021. (cc: counsel of record; any unrepresented parties) (kew)

Case 2:15-cv-05855 Document 71 Filed 03/01/21 Page 1 of 3 PageID #: 2653

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

ETHICON, INC.,
PELVIC REPAIR SYSTEMS
PRODUCTS LIABILITY LITIGATION

MDL 2327

THIS DOCUMENT RELATES TO:
VASQUEZ, et al,
Plaintiffs,
v.

Civil Action No. 2:15-cv-05855

ETHICON, INC.,
ETHICON, LLC and,
JOHNSON & JOHNSON,
Defendants.

MEMORANDUM OPINION AND ORDER

On November 14, 2018, a Notice of Death of Plaintiff was filed by plaintiffs’ counsel
suggesting the death of plaintiff Patsy Hyder on April 9, 2016. [ECF No. 65]. Defendants filed a
Motion to Dismiss without prejudice under Rule 25(a). [ECF No. 67]. Plaintiffs’ counsel
responded confirming that plaintiff Patsy Hyder is deceased and that they were unable to comply
with the requirements of PTO # 308. [ECF No. 68].
Pursuant to Federal Rule of Civil Procedure 25(a) and Pretrial Order (“PTO”) # 308
(Requirements for Counsel to Deceased Plaintiffs) filed in In re: Ethicon, Inc., Pelvic Repair
System Products Liab. Litig., 2:12-md-2327 [ECF No. 6218], the time to substitute a proper party
for the deceased party has expired and there has been no motion to substitute the deceased party.

Case 2:15-cv-05855 Document 71 Filed 03/01/21 Page 2 of 3 PageID #: 2654

The court ORDERS that pursuant to Rule 25(a) and PTO # 308, the claims of plaintiff
Patsy Hyder are DISMISSED without prejudice. Plaintiffs remain in this case and it should
remain open.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented parties.
ENTER: March 1, 2021

2

Case 2:15-cv-05855 Document 71 Filed 03/01/21 Page 3 of 3 PageID #: 2655

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

ETHICON, INC.,
PELVIC REPAIR SYSTEMS
PRODUCTS LIABILITY LITIGATION

MDL 2327

THIS DOCUMENT RELATES TO:

JOY J. MILLER,
Plaintiff,
v.

Civil Action No. 2:13-cv-08507

ETHICON, INC.,
ETHICON, LLC and,
JOHNSON & JOHNSON,
Defendants.

JUDGMENT ORDER
In accordance with the accompanying Memorandum Opinion and Order of this date, the
court ORDERS that this case be 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: February 26, 2020