Davila v. Ethicon, Inc., 2:16-cv-00935. (2019)
Court: District Court, S.D. West Virginia
Number: infdco20191216e68
Visitors: 21
Filed: Dec. 13, 2019
Latest Update: Dec. 13, 2019
Summary: MEMORNADUM 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 August 27, 2019. [ECF No. 32]. Defendant C. R. Bard, Inc. ("Bard") seeks an order dismissing plaintiff's case as to Bard with prejudice for failure to serve. Plaintiff has not responded to the Motion. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, plaintiff's claims against Bard must be dismissed without preju
Summary: MEMORNADUM 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 August 27, 2019. [ECF No. 32]. Defendant C. R. Bard, Inc. ("Bard") seeks an order dismissing plaintiff's case as to Bard with prejudice for failure to serve. Plaintiff has not responded to the Motion. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, plaintiff's claims against Bard must be dismissed without prejud..
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MEMORNADUM 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 August 27, 2019. [ECF No. 32]. Defendant C. R. Bard, Inc. ("Bard") seeks an order dismissing plaintiff's case as to Bard with prejudice for failure to serve. Plaintiff has not responded to the Motion.
Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, plaintiff's claims against Bard must be dismissed without prejudice for failure to serve Bard within 90 days after the complaint was filed. The court ORDERS that Bard's Motion [ECF No. 32] is GRANTED to the extent it seeks dismissal and DENIED insofar as Bard seeks dismissal of the claim against it with prejudice. Another defendant remains, so the case should remain open.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.
Source: Leagle
