Polk v. Davol, Inc. et al

Filing 6

ORDER granting 5 Motion to Dismiss. Signed by Judge Edmund A. Sargus on 2/6/2024. (cmw)

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UNITED STATES DISTRICT COURT THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION IN RE: DAVOL, INC./C.R. BARD, INC., POLYPROPYLENE HERNIA MESH PRODUCTS LIABILITY LITIGATION Case No. 2:18-md-2846 Judge Edmund A. Sargus, Jr. Magistrate Judge Kimberly A. Jolson This document relates to: Polk v. Davol, Inc., et al. Case No. 2:23-cv-2419 ORDER On March 8, 2022, Plaintiff Sheila Polk filed a complaint in this multidistrict litigation (“MDL”) (Case No. 22-cv-1402, ECF No. 1). In the complaint, Plaintiff asserts several claims based on alleged injuries caused by a Ventralex hernia mesh device. (Id.) On July 27, 2023, through different counsel, Plaintiff filed another complaint in this MDL, also alleging injuries caused by the Ventralex. (ECF No. 1.) On December 22, 2023, Defendants filed a motion to dismiss the instant action as duplicative of Case No. 22-cv-1402. (ECF No. 5.) Plaintiff did not file a response, and the Court will therefore treat the motion as unopposed. Accordingly, Defendants’ motion (ECF No. 5) is GRANTED and this case is DISMISSED. IT IS SO ORDERED. 2/6/2024 DATE s/Edmund A. Sargus, Jr. EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE

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