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Standridge v. C. R. Bard, Inc., 2:14-cv-08053. (2019)

Court: District Court, S.D. West Virginia Number: infdco20190911g73 Visitors: 15
Filed: Aug. 21, 2019
Latest Update: Aug. 21, 2019
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . On July 3, 2019, defendants, C. R. Bard, Inc. ("Bard") and Sofradim Production SAS ("Sofradim"), filed a Motion for Dismissal without Prejudice [ECF No. 18]. In the motion, the defendants request that this case be dismissed because there has been no proper substitution of a party within the applicable timelines. Plaintiffs' counsel responded, and the motion is ripe. On November 14, 2018, plaintiffs' counsel filed a Suggestio
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MEMORANDUM OPINION AND ORDER

On July 3, 2019, defendants, C. R. Bard, Inc. ("Bard") and Sofradim Production SAS ("Sofradim"), filed a Motion for Dismissal without Prejudice [ECF No. 18]. In the motion, the defendants request that this case be dismissed because there has been no proper substitution of a party within the applicable timelines. Plaintiffs' counsel responded, and the motion is ripe.

On November 14, 2018, plaintiffs' counsel filed a Suggestion of Death Upon the Record, noting the death of Ima F. Standridge [ECF 21]. Plaintiffs' counsel filed an Amended Suggestion of Death as an Exhibit to their Response to Motion for Dismissal without Prejudice [ECF No. 19-1]. In the Amended Suggestion of Death, counsel states that he has made diligent efforts to identify all potential successors or representatives of the decedent and could identify only Jim Standridge, a plaintiff in this civil action.

Based upon the representation of plaintiffs' counsel, the court finds that counsel has complied with Federal Rule of Civil Procedure 25(a)(1) and Pretrial Order # 289 filed in In re: C. R. Bard, Inc., Pelvic Repair Sys Prods. Liab., Litig., 2:10-md-2187 ("MDL 2187") [ECF No. 6195] and no motion to substitute Ima F. Standridge has been filed in the appropriate time frame.

The court ORDERS that the Motion for Dismissal without Prejudice [ECF No. 18] is GRANTED to the extent that Ima F. Standridge is dismissed from this civil action. Neither party has argued the issue of whether Jim Standridge's claim(s) remain and I decline to address his claims. Any other relief requested by Bard and Sofradim is DENIED. Ima F. Standridge is DISMISSED without prejudice and terminated from this civil action.

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

Source:  Leagle

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