Sanchez v. C. R. Bard, Inc., 2:13-cv-032985. (2019)
Court: District Court, S.D. West Virginia
Number: infdco20190402822
Visitors: 11
Filed: Mar. 26, 2019
Latest Update: Mar. 26, 2019
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . 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
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . 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 ..
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MEMORANDUM OPINION AND ORDER
JOSEPH R. GOODWIN, District Judge.
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.
Source: Leagle
