Smith et al v. Boston Scientific Corporation et al, No. 2:2013cv19778 - Document 21 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER directing that the cases on Exhibit A are 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) (REF: MDL 2326; Cases on Exhibit A) (ts)
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Smith et al v. Boston Scientific Corporation et al Doc. 21 Case 2:13-cv-19778 Document 21 Filed 07/27/20 Page 1 of 3 PageID #: 212 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 CASES IDENTIFIED ON EXHIBIT A MEMORANDUM OPINION AND ORDER On June 24, 2020, I entered an order directing plaintiffs on Exhibit A to show cause in their individual cases on or before July 24, 2020, why their individual cases should not be dismissed as to defendants Boston Scientific Corporation, C.R. Bard, Inc., Ethicon, Inc., Ethicon, LLC and/or Johnson & Johnson 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 on Exhibit A 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 on Exhibit A have failed to prosecute their cases. The court ORDERS that the remaining served and unserved defendants named in each case, Boston Scientific Corporation, C.R. Bard, Inc., Ethicon, Inc., Ethicon, LLC and/or Johnson & Johnson, are dismissed without prejudice. There are no remaining defendants in these cases on Exhibit A and therefor, the court further ORDERS that the cases on Exhibit A are DISMISSED and STRICKEN from the court’s active docket. All pending motions are DENIED as moot. Dockets.Justia.com Case 2:13-cv-19778 Document 21 Filed 07/27/20 Page 2 of 3 PageID #: 213 The court DIRECTS the Clerk to send a copy of this Order to counsel of record and each plaintiff on Exhibit A at her address. ENTER: July 27, 2020 Case 2:13-cv-19778 Document 21 Filed 07/27/20 Page 3 of 3 PageID #: 214 Exhibit A Case Name Case Number 1 Janet G. Shoulders v. Boston Scientific Corp., et al. 2:14-cv-07783 2 Nina Smith, et al. v. Boston Scientific Corp., et al. 2:13-cv-19778
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