Daniels et al v. Mentor Worldwide LLC, No. 2:2013cv22492 - Document 29 (S.D.W. Va. 2018)

Court Description: MEMORANDUM OPINION AND ORDER The 27 MOTION by Mentor Worldwide LLC to Dismiss With Prejudice is GRANTED and and Mentor Worldwide LLC is DISMISSED with prejudice. Signed by Judge Joseph R. Goodwin on 4/2/2018. (cc: counsel of record; any unrepresented party) (mek)

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Daniels et al v. Mentor Worldwide LLC Doc. 29 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: COLOPLAST CORP., PELVIC SUPPORT SYSTEMS PRODUCTS LIABILITY LITIGATION MDL No. 2387 ______ THIS DOCUMENT RELATES TO: Tammy L. Daniels, et al. v. Mentor Worldwide LLC Civil Action No. 2:13-cv-22492 MEMORANDUM OPINION AND ORDER Pending before the court is Defendant's Motion to Dismiss [ECF No. 27] filed by Mentor Worldwide LLC ("Mentor"). The plaintiffs have not responded, and the deadline for responding has expired. Thus, this matter is ripe for my review. For the reasons stated below, the motion is GRANTED. Defendant's Motion arises from this court’s Order [ECF No. 26], entered on February 27, 2018, granting the second Motion to Dismiss [ECF No. 23] filed by Coloplast Corp. (“Coloplast”) for failure to serve a Plaintiff Fact Sheet (“PFS”) in compliance with Pretrial Order (“PTO”) # 124. In that Order, I determined that “[b]ecause the less drastic sanction instituted against the plaintiffs has had no effect on their compliance with and response to this court’s discovery orders, which they have continued to blatantly disregard, . . . dismissing the defendant with prejudice is now appropriate.” Order at 2. Now, Mentor moves for dismissal with prejudice on the same ground. Dockets.Justia.com For the reasons explained in my February 27, 2018 Order dismissing Coloplast, it is ORDERED that the Defendant's Motion to Dismiss [ECF No. 27] is GRANTED, and Mentor is DISMISSED with prejudice. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and to any unrepresented party. ENTER: 2 April 2, 2018

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