Larsen v. Ethicon, Inc.
Larsen 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 □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ PEARLE LARSEN, Plaintiff, Vv. Civil Action No. 2:14-cv-28082 ETHICON, INC., and JOHNSON & JOHNSON, Defendants. MEMORANDUM OPINION AND ORDER Plaintiff, Pearle Larsen’s counsel filed this civil action on November 14, 2014, [ECF No. 1]. On November 15, 2018, plaintiffs counsel filed a Suggestion of Death noting the death of plaintiff on or about October 16, 2013. 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: June 11, 2020
Reference
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