Jennifer Marshall v. Ethicon, Incorporated

U.S. Court of Appeals for the Fourth Circuit

Jennifer Marshall v. Ethicon, Incorporated

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-1631

JENNIFER D. MARSHALL; DAVID C. MARSHALL,

Plaintiffs – Appellants,

v.

ETHICON, INCORPORATED; JOHNSON & JOHNSON,

Defendants – Appellees,

and

JOHNSON & JOHNSON, INC.,

Defendant.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Joseph R. Goodwin, District Judge. (2:12-cv-02809; 2:12-md-02327)

Submitted: November 14, 2016 Decided: November 21, 2016

Before DUNCAN, KEENAN, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Tracy W. Houck, Ron Riggle, HOUCK & RIGGLE, LLC, Ruston, Louisiana, for Appellants. David B. Thomas, Daniel R. Higginbotham, THOMAS COMBS & SPANN, PLLC, Charleston, West Virginia; Christy Jones, John C. Henegan, Sr., Susana Moore Moldoveanu, BUTLER SNOW LLP, Ridgeland, Mississippi, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Jennifer D. and David C. Marshall appeal the district

court’s orders dismissing this action for failure to effect

timely service of process and denying their motion for

reconsideration. We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated

by the district court. Marshall v. Ethicon, Inc., Nos. 2:12-cv-

02809, 2:12-md-92327 (S.D.W. Va. Jan. 26 & May 27, 2016). We

dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before

this court and argument would not aid the decisional process.

AFFIRMED

3

Reference

Status
Unpublished