Opinion
2:18-md-2846
01-10-2024
IN RE DAVOL, INC./C.R. BARD, INC., POLYPROPYLENE HERNIA MESH PRODUCTS LIABILITY LITIGATION This document relates to: Osburn v. Davol, Inc., et al. Case No. 223-cv-2764
EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE
KIMBERLY A. JOLSON MAGISTRATE JUDGE
ORDER
EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE
Plaintiff Niki Osburn has filed three complaints, via two different attorneys, in this multidistrict litigation (“MDL”) alleging injuries caused by a Ventralex ST hernia mesh device. The first case, filed on September 16, 2020, was dismissed without prejudice for Plaintiff's failure to serve complaint (Case No. 20-cv-4854, ECF No. 7). The second case, filed on February 11, 2022, remains pending (Case No. 22-cv-615). On August 25, 2023, Plaintiff filed this case (ECF No. 1). On November 28, 2023, Defendants filed a motion to dismiss the instant action as duplicative of Case No. 22-cv-615. (ECF No. 3.) Plaintiff did not file a response, and the Court will therefore treat the motion as unopposed. Accordingly, Defendants' motion (ECF No. 3) is GRANTED and this case is DISMISSED.
IT IS SO ORDERED.