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Personal Inj. Prod. Liability | Wisconsin Western
Judgment
JUDGMENT entered in favor of defendants defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. dismissing the case. (arw)
Dismissal Order
** TEXT ONLY ORDER **Plaintiff filed his complaint in this matter on July 5, 2017, in the District of Arizona, and the case was transferred to this district on May 7, 2021. (Dkt. 5 .) Shortly thereafter, plaintiff's counsel moved for an extension of time to file a Rule 26(f) report learning that plaintiff had died. (Dkt. 10 .) Under the circumstances, the court obviously granted the motion and set the Preliminary Pretrial Conference ("PPTC") off some four months until October 5, 2021. (Dkt. 11.) Defendants also filed a suggestion of death on the record shortly after, on June 7, 2021. (Dkt. 12 .) Finally, on September 9, 2021, defendants moved to dismiss under Rule 25. (Dkt. 13 .) Nevertheless, by the October 5th PPTC, plaintiff's counsel failed to file a Rule 26(f) report, was unreachable for the pretrial conference, and failed to oppose defendants' motion to dismiss. Indeed, plaintiff's counsel failed to contact the court at all since the June 3rd extension motion. Finally, plaintiff failed to substitute a proper plaintiff in the action within 90 days of the statement of death on the record. As such, dismissal under Fed. R. Civ. Pro. 25(a)(1) is GRANTED without prejudice for reopening upon good cause shown. Signed by District Judge William M. Conley on 10/5/2021. (arw)
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