Jennifer Marshall v. Ethicon, Incorporated, No. 16-1631 (4th Cir. 2016)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1631 JENNIFER D. MARSHALL; DAVID C. MARSHALL, Plaintiffs – Appellants, v. ETHICON, INCORPORATED; JOHNSON & JOHNSON, Defendants – Appellees, and JOHNSON & JOHNSON, INC., Defendant. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Joseph R. Goodwin, District Judge. (2:12-cv-02809; 2:12-md-02327) Submitted: November 14, 2016 Decided: November 21, 2016 Before DUNCAN, KEENAN, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Tracy W. Houck, Ron Riggle, HOUCK & RIGGLE, LLC, Ruston, Louisiana, for Appellants. David B. Thomas, Daniel R. Higginbotham, THOMAS COMBS & SPANN, PLLC, Charleston, West Virginia; Christy Jones, John C. Henegan, Sr., Susana Moore Moldoveanu, BUTLER SNOW LLP, Ridgeland, Mississippi, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Jennifer D. court’s orders timely service and David dismissing of C. this process action and appeal for denying reviewed the the failure their record district to effect motion and for reconsideration. We reversible error. Accordingly, we affirm for the reasons stated by the district court. have Marshall find Marshall v. Ethicon, Inc., Nos. 2:12-cv- 02809, 2:12-md-92327 (S.D.W. Va. Jan. 26 & May 27, 2016). dispense with contentions are oral no argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. AFFIRMED 3

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