Berryhill v. American Medical Systems, Inc., No. 2:2013cv23072 - Document 16 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER The 10 Motion to Dismiss Plaintiff's Complaint With Prejudice for Failure to Comply with Pre-Trial Order #274 is GRANTED in part to the extent AMS seeks dismissal of Ms. Berryhill and DENIED in part insofar as AMS seeks dismissal with prejudice of the entire case; Ms. Berryhill is dismissed without prejudice; the case must remain open, as Mr. Berryhill remains as a plaintiff; the 12 and 14 Motions are DENIED as moot in light of the dismissal of Ms. Berrryhill. Signed by Judge Joseph R. Goodwin on 6/12/2019. (cc: counsel of record; any unrepresented party) (kew)
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Berryhill v. American Medical Systems, Inc. Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: AMERICAN MEDICAL SYSTEMS, INC. PELVIC SUPPORT SYSTEMS PRODUCTS LIABILITY LITIGATION Linda Berrryhill, et al. v. American Medical Systems, Inc. MDL 2325 2:13-cv-023072 MEMORANDUM OPINION AND ORDER Pending is a Motion to Dismiss Plaintiff Linda Berryhill’s Complaint with Prejudice for Failure to Comply with Pre-Trial Order #274, filed March 13, 2019. [ECF No. 10]. Plaintiff has not responded to this motion or any of the other various motions on the docket. 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), plaintiff Linda Berryhill should be dismissed without prejudice for failure to serve the Plaintiff Fact Sheet in compliance with the court’s previous pretrial and other orders. Therefore, the court ORDERS that the motion to dismiss [ECF No. 10] is GRANTED in part to the extent AMS seeks dismissal of Ms. Berryhill and DENIED in part insofar as AMS seeks dismissal with prejudice of the entire case. The court ORDERS that Ms. Berryhill is dismissed without prejudice. The case must remain open, as Mr. Berryhill remains as a plaintiff. The court further ORDERS that the motions at ECF Numbers 12 and 14 are DENIED as moot in light of the dismissal of Ms. Berrryhill. Dockets.Justia.com The court DIRECTS the Clerk to send a copy of this order to counsel of record and plaintiff at her last known address. ENTER: 2 June 12, 2019
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