Moss et al v. Boston Scientific Corporation, No. 2:2013cv30250 - Document 22 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER The motions to dismiss pending in the cases on Exhibit A are GRANTED in part to the extent BSC seeks dismissal and DENIED insofar as BSC seeks dismissal with prejudice; cases on Exhibit A are dismissed without prejudice and stricken from the court's docket. Signed by Judge Joseph R. Goodwin on 1/21/2020. (cc: counsel of record; any unrepresented party) (st)
Download PDF
<![CDATA[
Moss et al v. Boston Scientific Corporation Doc. 22 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 THE CASES LISTED ON EXHIBIT A MEMORANDUM OPINION AND ORDER Pending in the cases listed on Exhibit A attached hereto are motions to dismiss Boston Scientific Corp. (“BSC”) with prejudice for plaintiffs’ failure to serve Plaintiff Fact Sheets pursuant to deadlines and requirements established by the court’s previous pretrial order. No plaintiff on Exhibit A has responded to BSC’s motion filed in each individual case. 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), the cases on Exhibit A should be dismissed without prejudice for failure to serve Plaintiff Fact Sheets in compliance with the court’s previous pretrial order. Therefore, the court ORDERS that the motions to dismiss pending in the cases on Exhibit A are GRANTED in part to the extent BSC seeks dismissal and DENIED insofar as BSC seeks dismissal with prejudice. The court ORDERS that the cases on Exhibit A are 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 and any unrepresented party. ENTER: January 21, 2020 Dockets.Justia.com EXHIBIT A 1 2 3 4 5 6 7 8 9 10 Civil Action No. 2:12-cv-05164 2:13-cv-00103 2:13-cv-16436 2:13-cv-18881 2:13-cv-21284 2:13-cv-29356 2:13-cv-30250 2:15-cv-07583 2:15-cv-13135 2:17-cv-03031 Case Style Rainey et al v. Boston Scientific Corporation Longo et al v. Boston Scientific Corporation Savov et al v. Boston Scientific Corporation Garcia et al v. Boston Scientific Corporation Roth v. Boston Scientific Corporation Moore et al v. Boston Scientific Corporation Moss et al v. Boston Scientific Corporation Edmondson et al v. Boston Scientific Corporation Brosie et al v. Boston Scientific Corporation High v. Boston Scientific Corporation ECF No. of Motion 63 16 25 23 11 19 19 25 17 14
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
