Cyrus et al v. Ethicon, Inc. et al, No. 2:2012cv01283 - Document 80 (S.D.W. Va. 2020)

Court Description: MEMORANDUM OPINION AND ORDER directing that Ethicon, Inc. and Johnson & Johnson are dismissed without prejudice; all pending motions in the case are DENIED as moot; no defendants remain; the Clerk is directed to dismiss the case and strike it from the active docket. Signed by Judge Joseph R. Goodwin on 12/15/2020. (cc: counsel of record; any unrepresented party) (kew)

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Cyrus et al v. Ethicon, Inc. et al Doc. 80 Case 2:12-cv-01283 Document 80 Filed 12/15/20 Page 1 of 1 PageID #: 1758 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION SANDRA CYRUS, et al., Plaintiffs, v. Civil Action Number 2:12-cv-01283 ETHICON, INC., et al., Defendants. MEMORANDUM OPINION AND ORDER On November 30, 2020, the court entered an Order directing plaintiffs, through their counsel, to indicate (1) whether they intend to terminate representation by plaintiffs’ counsel as previously indicated in counsel’s motion to withdraw; and (2) whether they wish to proceed with this case or dismiss this case and close it. [ECF No. 78]. On December 14, 2020, plaintiffs’ counsel filed a second motion to withdraw as counsel stating that counsel attempted several times to contact plaintiffs by phone and mail. Plaintiffs were unresponsive. [ECF No. 79]. The court ORDERS, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 41.1 of the Local Rules of Civil Procedure and after weighing the factors identified in Ballard v. Carlson, 882 F.2d 93, 95 (4th Cir. 1989), that Ethicon, Inc. and Johnson & Johnson are dismissed without prejudice. All pending motions in the case are DENIED as moot. No defendants remain, and the court DIRECTS the Clerk to dismiss the case and strike it from the active docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: December 15, 2020 Dockets.Justia.com

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