Plaintiffs Agree to Defendant’s Dismissal After Motion to Dismiss Filed in Talc Case

U.S. District Court for the Western District of New York, July 29, 2020

On February 28, 2019, plaintiffs John Castro and Joyce Castro commenced this products liability action in state court against defendants, including CVS Pharmacy, alleging that Mr. Castro was diagnosed with mesothelioma as a result of his exposure to asbestos from his use of asbestos-contaminated talc products.

On March 1, 2019, this matter was removed to federal court on motion by the defendants.  The plaintiffs filed a motion to remand. On June 2, 2020, the court accepted and adopted a Report and Recommendation issued by the Magistrate Judge (R&R) recommending denial of the plaintiffs’ motion to remand.

A subsequent R&R was issued on July 13, 2020 addressing CVS’s motion to dismiss or transfer, the plaintiffs’ cross-motion for leave to amend the complaint, and CVS’s motion to dismiss for lack of personal jurisdiction. In response to CVS’s second motion to dismiss, the plaintiffs stipulated to dismiss all claims against CVS without prejudice. The court endorsed this stipulation on May 12, 2020. The R&R, in light of this stipulation ending CVS’s involvement in this case, recommendeddenying all three pending motions. No parties objected to the July 13, 2020 R&R. 

Therefore, the court accepted and adopted the recommendation to deny the three pending motions.