Karen Huston v. Johnson & Johnson, No. 14-1219 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1219 KAREN HUSTON; VERLON HUSTON, Plaintiffs - Appellants, v. JOHNSON & JOHNSON; ETHICON, INC., Defendants - Appellees. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Joseph R. Goodwin, District Judge. (2:13-cv-01222; 2:12-md-02327) Submitted: October 28, 2014 Decided: November 10, 2014 Before DUNCAN, KEENAN, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. James H. Cook, DUTTON, BRAUN, STAACK & HELLMAN, PLC., Waterloo, Iowa, for Appellants. David B. Thomas, Philip J. Combs, Daniel R. Higginbotham, THOMAS COMBS & SPANN, PLLC, Charleston, West Virginia; Susanna M. Moldoveanu, BUTLER, SNOW, O’MARA, STEVENS & CANNADA, PLLC, Memphis, Tennessee; Christy D. Jones, John C. Henegan, Sr., BUTLER, SNOW, O’MARA, STEVENS & CANNADA, PLLC, Ridgeland, Mississippi, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Karen court’s order Huston and dismissing Verlon this Huston action appeal without failure to comply with PreTrial Order 17. the district prejudice for See Fed. R. Civ. P. 16(f)(1)(C), 37(b)(2)(A)(v). We have reviewed the record and find Accordingly, no reversible error. reasons stated by the district court. we affirm for Huston v. Johnson, Nos. 2:13-cv-01222; 2:12-md-02327 (S.D.W. Va. Feb. 10, 2014). * dispense with contentions are oral argument adequately because presented the in the the facts We and legal materials before this court and argument would not aid the decisional process. AFFIRMED * Three of Huston’s claims on appeal were not raised below and are waived. See Flores v. Ethicon, Inc., 563 F. App’x 266, 270 n.8 (4th Cir. 2014). Accordingly, we have not addressed her contentions that: dismissal of the action violates Fed. R. Civ. P. 11 and Multi-District Litigation Rule 10.15; Pretrial Order 17 violates due process; and Pretrial Order 17 conflicts with the Federal Rules of Civil Procedure. 2

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