McGuinnes v. Novartis Pharmaceuticals Corp.

ORDER

ANNE C. CONWAY, District Judge.

This cause comes before the Court on Defendant Novartis Pharmaceuticals Corporation’s (“Defendant”) Motion to Dismiss based on Rule 25 with Supporting Memorandum of Law (Doe. No. 63), filed on January 15, 2013, and Plaintiff James McGuinness’ (“Plaintiff’) response thereto (Doc. No. 65), filed on January 29, 2013.

I. BACKGROUND

Plaintiff passed away on April 11, 2012 (Doc. No. 56); however, Plaintiffs counsel, without notifying the Court of Plaintiffs death, actively continued to litigate this matter, including filing a case management report.

On October 10,…