Bruce et al v. Ethicon, Inc. et al, No. 2:2013cv19973 - Document 35 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER directing that the Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Boston Scientific Corporation, C. R. Bard, Inc., Sofradim Production SAS and/or Tissue Sciences Laboratories Limited are dismissed without prejudice; n o defendants remain; the Clerk is directed to dismiss the cases on Exhibit A and strike them from the active docket; all pending motions are DENIED as moot. Signed by Judge Joseph R. Goodwin on 7/27/2020. (cc: counsel of record; plaintiffs on Exhibit A) (REF: MDL 2327; Cases on Exhibit A) (ts)
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Bruce et al v. Ethicon, Inc. et al Doc. 35 Case 2:13-cv-19973 Document 35 Filed 07/27/20 Page 1 of 3 PageID #: 666 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: ETHICON, INC. PELVIC REPAIR SYSTEMS PRODUCTS LIABILITY LITIGATION MDL 2327 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 the remaining defendants, including defendant Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Boston Scientific Corporation, C.R. Bard, Inc., Sofradim Production SAS and/or Tissue Sciences Laboratories Limited 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 above defendants, where named in the cases on Exhibit A, 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-19973 Document 35 Filed 07/27/20 Page 2 of 3 PageID #: 667 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-19973 Document 35 Filed 07/27/20 Page 3 of 3 PageID #: 668 Exhibit A Case Name Renee Bruce v. Ethicon, Inc., et al. Case Number 2:13-cv-19973 Doris Chelala v. Ethicon, Inc., et al. Sara Marsh v. Ethicon, Inc., et al. 2:13-cv-20086 2:13-cv-03073 Eloise Martinez v. Ethicon, Inc., et al. 2:13-cv-32341
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