JOSEPH R. GOODWIN UNITED STATES DISTRICT JUDGE
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.
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
/s/_________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE IN RE: ETHICON, INC., PELVIC REPAIR SYSTEMS PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: JOY J. MILLER, Plaintiff, v. ETHICON, INC., ETHICON, LLC and, JOHNSON & JOHNSON, Defendants. Civil Action No. 2:13-cv-08507 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