McCluskey v. Davol, Inc. et al

Filing 5

ORDER granting 4 Motion to Dismiss. Signed by Judge Edmund A. Sargus on 2/6/2024. (cmw)

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:
McCluskey v. Davol, Inc., et al.
Case No. 2:23-cv-2724
ORDER
On August 16, 2021, Plaintiff Teri McCluskey filed a complaint in Rhode Island Superior
Court under Case No. PC-2021-05342. (ECF No. 4.) On August 24, 2023, through different
counsel, Plaintiff filed a complaint in this MDL, alleging injuries caused by a Marlex hernia mesh
device. (ECF No. 1.) According to Defendants, Plaintiff “sent a draft stipulation of dismissal for
the instant case seeking Defendants’ review and consent to file,” and Defendants consented to the
dismissal. (ECF No. 4.) However, “Plaintiff has never responded or filed the stipulation of
dismissal despite Defendants[’] numerous emails over the past three months.” (Id.) Because the
claims in this case and Case No. PC-2021-05342 overlap, and because Plaintiff never filed the
stipulation of dismissal, Defendants have filed a motion to dismiss this case. (Id.) Plaintiff did
not file a response, and the Court will therefore treat the motion as unopposed. Accordingly,
Defendants’ motion (ECF No. 4) 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