Stinson v. Davol, Inc.

District Court, S.D. Ohio

Stinson v. Davol, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

IN RE: DAVOL, INC./C.R. BARD, Case No. 2:18-md-2846 INC., POLYPROPYLENE HERNIA

MESH PRODUCTS LIABILITY

LITIGATION JUDGE EDMUND A. SARGUS, JR.

Magistrate Judge Kimberly A. Jolson

This document relates to:

Stinson v. Davol, Inc., et al.

Case No. 2:18-cv-1022

ORDER The parties have reached a resolution and have jointly moved to vacate the judgment pursuant to Federal Rule of Civil Procedure 60(b) and dismiss the case pursuant to Rule 41(a)(2). (ECF No. 414.) Federal Rule of Civil Procedure 60(b) permits a district court, “[o]n motion and just terms,” to “relieve a party or its legal representative from a final judgment, order, or proceeding” for specified reasons, including that “(5) the judgment has been satisfied, released, or discharged . . . or applying it prospectively is no longer equitable; or (6) [for] any other reason that justifies relief.” Fed. R. Civ. P. 60(b)(5), (b)(6). District courts have broad discretion to do so. Singh Mgmt. Co., LLC v. Singh Dev. Co., Inc.,

774 F. App’x 921

, 925 (6th Cir. 2019). The parties’ Motion (ECF No. 414) is GRANTED. The Court hereby VACATES the judgment (ECF No. 385) and the case is DISMISSED WITH PREJUDICE in light of the resolution between the parties. IT IS SO ORDERED.

3/21/2024 s/Edmund A. Sargus, Jr. DATE EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE

Reference

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