Ruiz v. Boston Scientific Corporation, No. 2:2013cv12004 - Document 14 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER The 13 MOTION by Boston Scientific Corporation to Dismiss With Prejudice is GRANTED in part to the extent BSC seeks dismissal and DENIED insofar as BSC seeks dismissal with prejudice; directing that BSC is dismissed without prejudice and the case is STRICKEN from the court's docket. Signed by Judge Joseph R. Goodwin on 12/10/2019. (cc: counsel of record; any unrepresented party) (REF: Cases Listed on Exhibit A) (ts)
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Ruiz v. Boston Scientific Corporation Doc. 14 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 # 208, In re: Boston Scientific Corp., 2:12-md-2326 [MDL No. 2326, ECF No. 8025]. 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-12004 2:13-cv-13632 2:14-cv-09165 2:14-cv-24166 2:15-cv-01104 2:15-cv-16239 2:16-cv-02203 2:16-cv-07106 Case Style Ruiz v. Boston Scientific Corporation Vanderway v. Boston Scientific Corporation Pullen v. Boston Scientific Corporation Harris et al v. Boston Scientific Corporation Garner et al v. Boston Scientific Corporation Briceno et al v. Boston Scientific Corporation Mendoza et al v. Boston Scientific Corporation Mead v. Boston Scientific Corporation ECF No. of Motion 13 13 12 13 16 20 20 17
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