Watkins et al v. Sofradim Production SAS, No. 2:2012cv02691 - Document 17 (S.D.W. Va. 2019)

Court Description: MEMORANDUM OPINION AND ORDER The court ORDERS that the 15 motion to dismiss is GRANTED in part to the extent Sofradim is dismissed and DENIED insofar as Sofradim seeks dismissal with prejudice; the court ORDERS that the case is dismissed without prejudice and stricken from the court's docket. Signed by Judge Joseph R. Goodwin on 8/9/2019. (cc: counsel of record; any unrepresented party) (st)

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Watkins et al v. Sofradim Production SAS Doc. 17 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: C.R. BARD, INC. PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION MDL No. 2187 Lois Watkins, et al. v. Sofradim Production SAS 2:12-cv-02691 MEMORANDUM OPINION AND ORDER Pending is Defendant’s Motion to Dismiss, filed by the remaining defendant in this case, Sofradim Production SAS (“Sofradim”) on March 23, 2018. [ECF No. 15]. Sofradim cites to repeated failures by plaintiffs to comply with a wide variety of Pretrial Orders. Plaintiffs have not responded to this motion. The court finds, pursuant to Rules 16 and 37 of the Federal Rules of Civil Procedure and after weighing the factors identified in Wilson v. Volkswagen of Am., Inc., 561 F.2d 494, 503-06 (4th Cir. 1977), this cases should be dismissed without prejudice for failure to comply with various deadlines in compliance with the court’s previous pretrial and other orders. Therefore, the court ORDERS that the motion to dismiss [ECF No. 15] is GRANTED in part to the extent Sofradim is dismissed and DENIED insofar as Sofradim seeks dismissal with prejudice. The court ORDERS that the case is dismissed without prejudice and stricken from the court’s docket. The court DIRECTS the Clerk to send a copy of this order to counsel of record. ENTER: August 9, 2019 Dockets.Justia.com

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