Kopplin v. American Medical Systems, Inc.

Filing 22

MEMORANDUM OPINION AND ORDER This case is DISMISSED and STRICKEN from the docket of this court. Signed by Judge Joseph R. Goodwin on 2/7/2020. (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 SYSTEM
PRODUCTS LIABILITY LITIGATION

MDL NO. 2325

THIS DOCUMENT RELATES TO
KRISTIN KOPPLIN,
Plaintiff,
v.

Civil Action No. 2:18-cv-00917

AMERICAN MEDICAL SYSTEMS, INC.,
Defendant.
MEMORANDUM OPINION AND ORDER
Plaintiff, Kristin Kopplin’s counsel filed this civil action on May 11, 2018 [ECF No. 1].
On September 12, 2019, Defendant American Medical System, Inc. filed a Motion to Dismiss
Plaintiff Kristin Kopplin’s Complaint Pursuant to PTO 259 and FRCP 25(a)(1) [ECF No. 15].
Filed with the defendant’s Motion to Dismiss is a copy of a Certificate of Death of Kristin
LaVerne Kopplin with November 25, 2015 as the date of Ms. Kopplin’s death [ECF 15-2].
Plaintiff’s counsel’s response to defendant’s Motion to Dismiss confirmed that Ms. Kopplin
passed away on November 25, 2015 [ECF No. 17]. 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 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 7, 2020

2