Bunch v. Ethicon, Inc.

District Court, S.D. West Virginia

Bunch 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 □□□□□□□□□□□□□□□□□□□□□□ □□□□□□□□□□□□□□□□□□□□□□ SHARON BUNCH, Plaintiff, Vv. Civil Action No. 2:15-cv-04772 ETHICON, INC., and JOHNSON & JOHNSON, Defendants. MEMORANDUM OPINION AND ORDER Plaintiff, Sharon Bunch’s counsel filed this civil action on April 16, 2015 [ECF No. 1]. On November 15, 2018, plaintiff's counsel filed a Suggestion of Death noting the death of plaintiff Sharon Bunch on or about December 7, 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: July 10, 2020

Np G me STATES DISTRICT JUDGE

Reference

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