Martin et al v. Boston Scientific Corporation et al

Filing 35

MEMORANDUM OPINION AND ORDER The 32 MOTION by C. R. Bard, Inc. to Dismiss With Prejudice is GRANTED to the extent Bard seeks dismissal for failure to serve and is otherwise DENIED; Bard is dismissed from this case without prejudice; other unserved defendants remain. Signed by Judge Joseph R. Goodwin on 3/27/2019. (cc: counsel of record; any unrepresented party) (kew)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
LAURA E. MARTIN, et al.,
Plaintiffs,
v.

CIVIL ACTION NO. 2:13-cv-19988

JOHNSON & JOHNSON, et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
Pending is Defendant C. R. Bard, Inc.’s Motion to Dismiss for Insufficient
Service of Process, filed December 20, 2108. [ECF No. 32]. Defendant C. R. Bard, Inc.
(“Bard”) asserts that in addition to the failure to serve, plaintiffs have not complied
with various discovery obligations, making dismissal with prejudice appropriate.
Plaintiffs have not responded to the motion.
For reasons appearing to the court, the court finds that plaintiffs’ claims
against Bard should be dismissed without prejudice pursuant to Rule 4(m) of the
Federal Rules of Civil Procedure for failure to timely serve Bard. The court ORDERS
that the Defendant C. R. Bard, Inc.’s Motion to Dismiss for Insufficient Service of
Process [ECF No. 32] is GRANTED to the extent Bard seeks dismissal for failure to
serve and is otherwise DENIED. The court ORDERS that Bard is dismissed from this
case without prejudice. Other unserved defendants remain.

The court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.
ENTER:

2

March 27, 2019