Uribe v. C. R. Bard, Inc. et al, No. 2:2013cv08011 - Document 23 (S.D.W. Va. 2019)
Court Description: MEMORNADUM OPINION AND ORDER The 20 MOTION by C. R. Bard, Inc. to Dismiss for Insufficient Service of Process is GRANTED to the extent Bard seeks dismissal and DENIED insofar as Bard seeks dismissal with prejudice; because no defendants remain, the case should be closed and stricken from the docket. Signed by Judge Joseph R. Goodwin on 12/13/2019. (cc: counsel of record; any unrepresented party) (st)
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Uribe v. C. R. Bard, Inc. et al Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION REBECCA URIBE, Plaintiff, v. CIVIL ACTION NO. 2:13-cv-08011 C. R. BARD, INC., Defendant. MEMORNADUM OPINION AND ORDER Pending is Defendant C. R. Bard, Inc.’s Motion to Dismiss for Insufficient Service of Process, filed August 27, 2019. [ECF No. 20]. 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. 20] is GRANTED to the extent Bard seeks dismissal and DENIED insofar as Bard seeks dismissal with prejudice. Because no defendants remain, the case should be closed and stricken from the docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: December 13, 2019 Dockets.Justia.com
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