Peoples v. Boston Scientific Corporation, No. 2:2013cv02775 - Document 25 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER The motion to dismiss is GRANTED in part to the extent BSC seeks dismissal and DENIED insofar as BSC seeks dismissal with prejudice; BSC is dismissed without prejudice, and this case is STRICKEN from the court's docket. Signed by Judge Joseph R. Goodwin on 12/10/2019. (cc: Clerk of the JPMDL; counsel of Record; any unrepresented party) (REF: MDL 2326; each case listed on Exhibit A) (kew)
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Peoples v. Boston Scientific Corporation Doc. 25 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: BOSTON SCIENTIFIC CORP., PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION MDL NO. 2326 THIS DOCUMENT RELATES TO ALL CASES ON EXHIBIT A MEMORANDUM OPINION AND ORDER Pending in each case identified in Exhibit A attached, at the ECF No. identified in the exhibit, is Defendant Boston Scientific Corporation’s Motion to Dismiss with Prejudice. Defendant Boston Scientific Corporation (“BSC”) seeks dismissal of plaintiffs’ cases with prejudice based on her failure to file a Plaintiff Fact Sheet pursuant to the requirements of Pretrial Order # 280, In re: American Medical Systems, Inc., 2:12-md-2325 [MDL No. 2325, ECF No. 7377]. Plaintiffs have not responded to the 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), that BSC should be dismissed without prejudice from the cases listed on Exhibit A for failure to serve a Plaintiff Fact Sheet in compliance with the court’s previous pretrial order. Therefore, the court ORDERS that the motions to dismiss are GRANTED in part to the extent BSC seeks dismissal and DENIED insofar as BSC seeks dismissal with prejudice. The court ORDERS that BSC is dismissed without prejudice, and these cases are STRICKEN from the court’s docket. Dockets.Justia.com The court DIRECTS the Clerk to file a copy of this Order in each case listed in Exhibit A and to send a copy of this Order to counsel of record and any unrepresented party. ENTER: December 10, 2019 2 EXHIBIT A Civil Action No. 2:13-cv-02775 2:15-cv-11394 ECF No. of Motion Case Style Peoples v. Boston Scientific Corporation 23 Eddleman et al v. Boston Scientific Corporation 23
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