Sanchez et al v. American Medical Systems, Inc.

Filing 16

MEMORANDUM OPINION AND ORDER For reasons appearing to the court, the 13 MOTION by C. R. Bard, Inc. to Dismiss With Prejudice is GRANTED to the extent defendant seeks dismissal for failure to serve and is otherwise DENIED; the court ORDERS that this case is dismissed without prejudice and stricken from the court's docket. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (brn)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
VERONICA SANCHEZ, et al.,
Plaintiffs,
v.

CIVIL ACTION NO. 2:13-cv-032985

C. R. BARD, INC.,
Defendant.
MEMORANDUM OPINION AND ORDER
Pending is Defendant C. R. Bard, Inc.’s Motion to Dismiss for Insufficient
Service of Process, filed December 20, 2018. [ECF No. 13]. Defendant asserts that in
addition to the failure to serve, plaintiff has not complied with various discovery
obligations, making dismissal with prejudice appropriate. Plaintiff has not responded
to the motion.
For reasons appearing to the court, the court finds that plaintiff’s case should
be dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil
Procedure for failure to timely serve the defendant. The court ORDERS that the
Defendant C. R. Bard, Inc.’s Motion to Dismiss for Insufficient Service of Process
[ECF No. 13] is GRANTED to the extent defendant seeks dismissal for failure to serve
and is otherwise DENIED. The court ORDERS that this case is dismissed without
prejudice and stricken from the court’s docket.

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

2

March 26, 2019