Rojas v. Sofradim Production SAS, No. 2:2013cv18260 - Document 22 (S.D.W. Va. 2019)

Court Description: MEMORANDUM OPINION AND ORDER directing that Sofradim is dismissed without prejudice; no other defendants remain and this case is stricken from the docket and closed. Signed by Judge Joseph R. Goodwin on 8/29/2019. (cc: counsel of record; any unrepresented party) (st)

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Rojas v. Sofradim Production SAS Doc. 22 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 ------------------------------------------------THIS DOCUMENT RELATES TO MDL No. 2187 Cirila Iris Rojas v. Sofradim Production SAS 2:13-cv-18260 MEMORANDUM OPINION AND ORDER On August 14, 2019, I granted a motion to show cause filed by Sofradim Production SAS (“Sofradim”). [ECF No. 20]. In the Show Cause Order, I directed plaintiff to show cause on or before August 28, 2019, why her case should not be dismissed for failure to comply with court orders, including the failure to serve a Plaintiff Fact Sheet or Expert Disclosure as required by Pretrial Order # 297. I warned that should plaintiff fail to respond, she risks the entry of an award of sanctions up to and including dismissal of her case. On August 27, 2019, plaintiff’s counsel responded to the Show Cause Order stating that plaintiff had refused to cooperate in the prosecution of her case as he had been unable to reach her despite repeated attempts. 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 this case should be dismissed without prejudice for plaintiff’s failure to adequately respond to the Show Cause Order and Dockets.Justia.com otherwise comply with discovery deadlines in compliance with the court’s previous pretrial and other orders. Therefore, the court ORDERS that Sofradim is dismissed without prejudice. No other defendants remain and this case is stricken from the docket and closed. The court DIRECTS the Clerk to send a copy of this order to counsel of record and any unrepresented party. ENTER: 2 August 29, 2019

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