IN RE: Bair Hugger Forced Air Warming Devices Products Liability Litigation

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
In re: BAIR HUGGER FORCED AIR 	MDL No. 15-2666 (JNE/DTS)
WARMING DEVICES PRODUCTS 	ORDER
LIABILITY LITIGATION
This Document Relates to:
1. 	Case No. 25-cv-3538 (Estate of Hemphill v. 3M Company et al)
2. 	Case No. 25-cv-3669 (Bright v. 3M Company et al)
3. 	Case No. 25-cv-3670 (Combs v. 3M Company et al)
4. 	Case No. 25-cv-3673 (Flanagan v. 3M Company et al)
In an Amended Report and Recommendation dated February 27, 2026, the
Honorable David T. Schultz, United States Magistrate Judge, recommended that the four
actions listed above be dismissed with prejudice. No objection has been filed. Based on
a de novo review of the record, see Fed. R. Civ. P. 72(b), the Court accepts the
recommended disposition [Docket No. 3349] except as modified with respect to Case No.
25-cv-3538.
In Case No. 25-cv-3538, the complaint identifies Linda Hemphill as the plaintiff.
Hemphill apparently died before the action’s commencement. An amended complaint,
which identifies her estate as the plaintiff but provides no information about the
representative of the estate, was filed the day after the action’s commencement. The
Court dismisses the action without prejudice. See Harris v. US Bank Nat’l Ass’n, No. 20-
2005, 2021 WL 7542603, at *3 (6th Cir. Sept. 10, 2021); LN Mgmt., LLC v. JPMorgan
Chase Bank, N.A., 957 F.3d 943, 953 (9th Cir. 2020); House v. Mitra QSR KNE LLC, 796
F. App’x 783, 791 (4th Cir. 2019); Hernandez v. Smith, 793 F. App’x 261, 265–66 (5th
Cir. 2019) (per curiam); Est. of Baker v. NewRez, LLC, No. 24-CV-02934, 2025 WL
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1348933, at *2 (W.D. Tenn. May 8, 2025) (“Under Tennessee law, an estate by itself is
not a proper party.”).
Based on the files, records, and proceedings herein, and for the reasons stated
above, IT IS ORDERED THAT:
1. 	Case No. 25-cv-3538 is DISMISSED WITHOUT PREJUDICE. The Clerk
of Court is directed to enter judgment in Case No. 25-cv-3538.
2. 	Case No. 25-cv-3669, Case No. 25-cv-3670, and Case No. 25-cv-3673 are
DISMISSED WITH PREJUDICE. In each action, the Clerk of Court is
directed to enter judgment.
Dated: April 21, 2026
s/Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge
CASE 0:15-md-02666-JNE-DTS Doc. 3391 Filed 04/21/26 Page 2 of 2