Berryhill v. American Medical Systems, Inc., No. 2:2013cv23072 - Document 21 (S.D.W. Va. 2019)

Court Description: MEMORANDUM OPINION AND ORDER The 19 MOTION by American Medical Systems, Inc. to Dismiss Complaint With Prejudice for Failure to Comply with Pre-Trial Order #274 is GRANTED in part to the extent the AMS seeks dismissal and DENIED insofar as AMS seeks dismissal with prejudice; this case is dismissed without prejudice and stricken from the court's docket. Signed by Judge Joseph R. Goodwin on 9/20/2019. (cc: counsel of record) (kew)

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Berryhill v. American Medical Systems, Inc. Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION RAWLEIGH BERRYHILL, Plaintiff, v. CIVIL ACTION NO. 2:13-cv-23072 AMERICAN MEDICAL SYSTEMS, INC., Defendant. MEMORANDUM OPINION AND ORDER Pending is a Motion to Dismiss Plaintiff Rawleigh Berryhill’s Complaint with Prejudice for Failure to Comply with Pre-Trial Order # 274, filed July 25, 2019. [ECF No. 19]. Defendant American Medical Systems, Inc. (“AMS”) cites to plaintiff’s failure to timely serve a Plaintiff Fact Sheet (“PFS”) in violation of the court’s Pretrial Order # 274 and the Federal Rules of Civil Procedure. Plaintiff has not responded to the motion. 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), that this case should be dismissed without prejudice for failure to provide a PFS in compliance with the court’s previous orders. Therefore, the court ORDERS that AMS’s motion to dismiss [ECF No. 19] is GRANTED in part to the extent the AMS seeks dismissal and DENIED insofar as Dockets.Justia.com AMS seeks dismissal with prejudice. The court ORDERS that the case is dismissed without prejudice and stricken from the court’s docket. The court DIRECTS the Clerk to send a copy of this order to counsel of record. ENTER: 2 September 20, 2019

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