Grabowski et al v. Davol, Inc. et al

Filing 11

ORDER: The case is herewith dismissed with prejudice. So Ordered by Chief Judge Mary M. Lisi on 4/9/2012. (See also Document #3773 filed in main case 07-md-1842ML)(Duhamel, John)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND

NANCY GRABOWSKI, et al.,
Plaintiffs,
v.

C.A. No. 09-03030-ML
MDL Docket No. 07-1842-ML
In Re: Kugel Mesh Hernia
Repair Patch Litigation

DAVOL, INC. and C.R. BARD, INC.,
Defendants.

ORDER

This case is one of a multitude of cases transferred to this
Court

by

the

States

Judicial

Panel

on

Multidistrict

In re Kugel Mesh Hernia Patch Products Liability

Litigation as

Litigation,

United

MDL

multidistrict

No.

1842,

litigation

No.

07-MD-1842-ML

("MDL")

involves

(D.R.I.).

claims

The

surrounding

allegedly defective hernia repair patches designed and manufactured
by Defendants Davol, Inc. and C.R. Bard, Inc.,

(together, "Davol").

The case brought by Nancy Grabowski ("Grabowksi") and her husband
Albert (together, the "Grabowskis"), both residents of Alabama, was
chosen

as

one

of a

second series

scheduled for trial in May 2012.
from November 4, 2011
On

January

complaint.

25,

of bellwether

cases

and was

Pretrial Case Management Order

(Docket # 3674).
2012,

(Docket # 3726).

Grabowski

filed

a

first

amended

Because Grabowski declined to waive

her right to have the case tried where she originally filed it, on
1
.:--

February

13,

2012,

this

Court

arranged

for

designation

and

assignment in the United States District Court for the Northern
District of Alabama.

(Docket # 3735).

On February 14, 2012, the

law firm representing the Grabowskis filed a motion to withdraw
because the Grabowskis had terminated the firm's services.
# 3736) .
15, 2012.

(Docket

The motion was subsequently revised and filed on February
(Docket # 3738).

In compliance with local rule CR Gen 206, the firm sent a copy
of the revised motion to withdraw to the Grabowskis.

The firm also

notified the Grabowskis by certified letter that they could object
to the revised motion and that any failure or delay in retaining
substitute counsel would not be considered grounds for delaying the
trial or any other matter scheduled in the case.

(Docket # 3738).

In view of those events, the Court granted lead counsel's motion to
extend pretrial deadlines in this case for a period of 30 days.
Text Order dated February 22, 2012.
On February 29, 2012, the Court received a letter from Nancy
Grabowski, in which she expressed that she felt unable to continue
with the lawsuit at this time.
"several more months

Docket# 3744.

to hear my case,

Grabowski requested

as my husband is

still

searching for an attorney." Id. 1.
On March 2, 2012, the Court granted the motion to withdraw by
the law firm which had thus far represented the Grabowskis.
# 3746).

(Docket

At the same time, the Court set the trial to begin on

2

June

5,

counsel

2012

and it directed the Grabowskis

enter

an

alternatively,

to

appearance
file

themselves pro se.

an

before

entry

of

to have

March

2012

30,

appearance

successor
or,

representing

The Court also advised the Grabowskis that, if

they failed to comply with its order, the case would be dismissed
(Docket # 3746).

with prejudice.
On April

2,

2012,

the Court received a

Grabowski in response to its March 2, 2012 order.

letter

from Nancy

Grabowski stated

that she had spoken to several lawyers, that she was unable to find
someone to provide representation, and that she was "dropping the
case."

(Docket # 3769) .

No separate communication was received

from Albert Grabowski.
In

light

of

Grabowski's letter,

the

foregoing

events,

the

tenor

of

Nancy

and the absence of any objection by Albert

Grabowski, the case is herewith dismissed with prejudice.

SO ORDERED.
/s/ Mary M. Lisi
Mary M. Lisi
Chief United States District Judge
April 10 , 2012

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