Lopez et al v. Boston Scientific Corporation, No. 2:2013cv16036 - Document 47 (S.D.W. Va. 2020)

Court Description: MEMORANDUM OPINION AND ORDER directing that Boston Scientific Corporation is dismissed without prejudice; the remaining pending motions 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 12/29/2020. (cc: counsel of record; any unrepresented party) (kew)

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Lopez et al v. Boston Scientific Corporation Doc. 47 Case 2:13-cv-16036 Document 47 Filed 12/29/20 Page 1 of 2 PageID #: 574 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IRMA LOPEZ, et al., Plaintiffs, v. Civil Action Number 2:13-cv-16036 BOSTON SCIENTIFIC CORPORATION, Defendant. MEMORANDUM OPINION AND ORDER On December 2, 2020, the court entered an Order directing plaintiffs, through their counsel, to indicate by December 16, 2020 (1) whether they intend to terminate representation by all plaintiffs’ counsel now listed on the docket (Ms. Anderson and Ms. Olson) in light of a pending motion to withdraw as counsel where counsel state that they were terminated; and (2) whether plaintiffs wish to proceed with this case or dismiss this case with or without prejudice and close it. On December 16, 2020, plaintiffs, through counsel, stated that they wish to terminate representation by all plaintiffs’ counsel. [ECF No. 43, Exhibit 1]. However, plaintiffs did not respond as to whether they wish to proceed with this case or dismiss it. While counsel provided the court’s order to plaintiffs, it is unclear whether they understood the need to indicate whether they wished to proceed with the case. Counsel has since inquired again of plaintiffs regarding their intent to proceed with this matter. [ECF No. 43, p. 2]. These inquiries were very recent (December 13, 14 and 15, 2020) and as such, the court extended the time within which plaintiffs must respond to the second inquiry above to December 28, 2020. The court ordered that on or before December 28, 2020 (1) counsel attempt again to obtain from plaintiffs, a statement about whether they wish to proceed with this case or dismiss this case with or without prejudice; and (2) if plaintiffs wish Dockets.Justia.com Case 2:13-cv-16036 Document 47 Filed 12/29/20 Page 2 of 2 PageID #: 575 to proceed with this lawsuit, plaintiffs must provide an accurate address to counsel where plaintiffs can receive filings in this case. The court warned that failure to comply with the Order would result in dismissal of this case. Plaintiffs have not complied with the court’s Order, despite additional attempts by plaintiffs’ counsel to contact plaintiffs and obtain their response. [ECF Nos. 45, 46]. 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 Boston Scientific Corporation is dismissed without prejudice. Remaining pending motions 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 29, 2020

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