Hockenbroch v. Ethicon, Inc.
Hockenbroch v. Ethicon, Inc.
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: ETHICON, INC., PELVIC REPAIR SYSTEM MDL NO. 2327 PRODUCTS LIABILITY LITIGATION □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ JOANNE HOCKENBROCH, Plaintiff, Vv. Civil Action No. 2:15-cv-04977 ETHICON, INC., and JOHNSON & JOHNSON, Defendants. MEMORANDUM OPINION AND ORDER Plaintiff, Joanne Hockenbroch’s counsel filed this civil action on April 20, 2015 [ECF No. 1]. On November 15, 2018, plaintiffs counsel filed a Suggestion of Death noting the death of plaintiff Joanne Hockenbroch on or about January 4, 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.” Jn 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: February 26, 2020
as GOODWFE
Reference
- Status
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