Norton et al v. Boston Scientific Corporation et al, No. 2:2013cv19023 - Document 32 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER directing that Boston Scientific Corporation, C. R. Bard, Inc., Sofradim Production SAS, Tissue Sciences Laboratories Limited, Mentor Worldwide LLC, Coloplast Corp. are dismissed without prejudice due to the Plaintiffs f ailing to respond to the Show Cause Order and to prosecute their case; further directing that the case is DISMISSED and STRICKEN from the court's active docket; all pending motions are DENIED as moot. Signed by Judge Joseph R. Goodwin on 7/27/2020. (cc: counsel of record; plaintiff) (ts)
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Norton et al v. Boston Scientific Corporation et al Doc. 32 Case 2:13-cv-19023 Document 32 Filed 07/27/20 Page 1 of 2 PageID #: 274 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION TINA R. NORTON, et al., Plaintiffs, v. Civil Action No. 2:13-cv-019023 BOSTON SCIENTIFIC CORPORATION, et al., Defendants. MEMORANDUM OPINION AND ORDER On June 24, 2020, I entered an order directing plaintiffs to show cause on or before July 23, 2020, why their case should not be dismissed as to Boston Scientific Corporation, C.R. Bard, Inc., Sofradim Production SAS, Tissue Sciences Laboratories Limited, Mentor Worldwide LLC and Coloplast Corp. pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 41.1 of the Local Rules of Civil Procedure. The Order was sent to the plaintiffs at their last known address and posted on the court’s website. Plaintiffs have failed to respond to the Show Cause Order. 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), the court finds that the plaintiffs have failed to prosecute their case. The court ORDERS that Boston Scientific Corporation, C.R. Bard, Inc., Sofradim Production SAS, Tissue Sciences Laboratories Limited, Mentor Worldwide LLC and Coloplast Corp. are dismissed without prejudice. There are no remaining defendants in this case and therefor, the court further ORDERS that the case is DISMISSED and STRICKEN from the court’s active docket. All pending motions are DENIED as moot. Dockets.Justia.com Case 2:13-cv-19023 Document 32 Filed 07/27/20 Page 2 of 2 PageID #: 275 The court DIRECTS the Clerk to send a copy of this Order to counsel of record and plaintiffs. ENTER: July 27, 2020
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