0:16-cv-00828•Wood v. 3M Company et al
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA IN RE BAIR HUGGER FORCED AIR MDL No. 15-md-2666 (JNE/DTS) WARMING PRODUCTS LIABILITY LITIGATION This Document Relates to: REPORT AND RECOMMENDATION Daniel Wood, v. 3M Company, et al., 16-cv-0828 Defendants request dismissal of this case for failure to prosecute based on Plaintiff Daniel Wood’s failure to comply with his discovery obligations. Dkt. No. 18. Under Federal Rule of Civil Procedure 41(b), a defendant may move to dismiss an action “[i]f the plaintiff fails to prosecute or to comply with these rules or a court order.” Fed. R. Civ. P. 41(b). “MDL courts must be given greater discretion to organize, coordinate and adjudicate its proceedings, including the dismissal of cases for failure to comply with its orders.” In re Guidant Corp. Implantable Defibrillators Prods. Liab. Litig., 496 F.3d 863, 867 (8th Cir. 2007). When provided sufficient opportunities to cure noncompliance, dismissal with prejudice is appropriate. See, e.g., MDL Dkt. No. 2921. This Court ordered Wood to provide updated medical authorizations on or before October 5, 2025. Dkt. No. 13. He has not provided Defendants with updated medical authorizations. Dkt. Nos. 18, 20. Defendants also served written discovery and requested deposition dates. Dkt. Nos. 17, 18. Wood failed to serve timely discovery responses or provide deposition dates. Dkt. Nos. 18, 20. On November 25, 2025, the Court held a telephonic conference. There, the Court ordered Wood to provide updated medical authorizations, discovery responses, and deposition dates by December 19, 2025. Wood CASE 0:16-cv-00828-JNE-DTS Doc. 21 Filed 01/16/26 Page 1 of 3
2 failed to comply with that discovery order. Dkt. Nos. 18, 20. Defendants requested dismissal on December 22, 2025. Dkt. No. 18. The Court agrees with Defendants that with-prejudice dismissal is appropriate. After this case was selected as one of the 150 to be worked up for trial, this Court entered an accelerated scheduling order at plaintiffs’ request. Dkt. Nos. 12–14. Under that scheduling order, fact discovery commenced on September 29, 2025, and is set to be completed by February 27, 2026. See Dkt. No. 14 at 3. In the three months since discovery commenced, Wood has failed to comply with even the most basic of his discovery obligations—providing updated medical authorizations. Moreover, when the Court ordered Wood to fulfill his discovery obligations by December 19, 2025, he failed to comply with that order as well. Moreover, Wood’s counsel has been unable contact him since the summer of 2025. Dkt. No. 23 at 1. Not only has Wood failed to prosecute his case, delays such as this threaten to derail the parties’ and the Court’s efforts to move this MDL forward. With-prejudice dismissal is appropriate here. For the reasons set forth above, the Court RECOMMENDS THAT: Defendants’ Motion to Dismiss (Dkt. No. 18) be GRANTED. Dated: January 16, 2026 __s/ David T. Schultz_____ DAVID T. SCHULTZ United States Magistrate Judge NOTICE Filing Objections: This Report and Recommendation is not an order or judgment of the District Court. It is not appealable directly to the Eighth Circuit Court of Appeals. Under Local Rule 72.2(b)(1), “a party may file and serve specific written objections to a magistrate judge’s proposed finding and recommendations within 14 days after being served a copy” of the Report and Recommendation. A party may respond to those CASE 0:16-cv-00828-JNE-DTS Doc. 21 Filed 01/16/26 Page 2 of 3
3 objections within 14 days after being served a copy of the objections. LR 72.2(b)(2). All objections and responses must comply with the word or line limits set for in LR 72.2(c). CASE 0:16-cv-00828-JNE-DTS Doc. 21 Filed 01/16/26 Page 3 of 3
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