Raisor v. C. R. Bard, Inc. et al, No. 2:2012cv04726 - Document 25 (S.D.W. Va. 2019)

Court Description: MEMORANDUM OPINION AND ORDER granting 24 MOTION by C. R. Bard, Inc., Sofradim Production SAS for Dismissal Without Prejudice for Humphrey Raisor; Humphrey Raisor is DISMISSED without prejudice and terminated from this civil action. Signed by Judge Joseph R. Goodwin on 8/16/2019. (cc: counsel of record; any unrepresented party) (st)

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Raisor v. C. R. Bard, Inc. et al Doc. 25 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: C.R. BARD, INC., PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION MDL 2187 LINDA S. RAISOR, et al., Plaintiffs, v. CIVIL ACTION NO. 2:12-cv-04726 C. R. BARD, INC., et al., Defendants. MEMORANDUM OPINION AND ORDER On April 12, 2019, defendants, C. R. Bard, Inc. and Sofradim Production SAS, filed a Motion for Dismissal without Prejudice for Humphrey Raisor [ECF No. 24]. In the motion, the defendants request that the deceased plaintiff, Humphrey Raisor, be dismissed because there has been no proper substitution of a party within the applicable timelines. Plaintiff has not responded, and the motion is ripe. On October 31, 2018, plaintiff’s counsel filed a Suggestion of Death Upon the Record, noting the death of Humphrey Raisor [ECF 21]. In the Suggestion of Death, counsel states that he will serve parties and appropriate nonparties [emphasis added] with the Suggestion of Death. On February 22, 2019, plaintiff’s counsel filed a Notice of Filing Dockets.Justia.com of Proof of Service of Plaintiff’s Motion to Note Death of Humphrey Raisor on the Record [ECF No. 21]. Based upon the representation of plaintiff’s 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-md2187 (“MDL 2187”) [ECF No. 6195] and no motion to substitute Humphrey Raisor has been filed in the appropriate time frame. The court ORDERS that the Motion for Dismissal without Prejudice for Humphrey Raisor is GRANTED, and Humphrey Raisor 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. ENTER: August 16, 2019 2

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