McCoy v. Ethicon, Inc. et al, No. 2:2014cv09425 - Document 18 (S.D.W. Va. 2021)

Court Description: MEMORANDUM OPINION AND ORDER directing that Ethicon, Inc., Ethicon, LLC and Johnson & Johnson are dismissed without prejudice; no defendants remain; the Clerk is directed to dismiss this case and strike it from the active docket. Signed by Judge Joseph R. Goodwin on 1/11/2021. (cc: counsel of record; any unrepresented party) (kew)

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McCoy v. Ethicon, Inc. et al Doc. 18 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION STEVE MCCOY, Plaintiff, v. Civil Action No. 2:14-cv-09425 ETHICON, INC., et al., Defendants. MEMORANADUM OPINION AND ORDER On December 2, 2020, I entered an order directing plaintiff Steve McCoy to show cause on or before January 2, 2021, why this case should not be dismissed as to Ethicon, Inc., Ethicon, LLC and Johnson & Johnson for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 41.1 of the Local Rules of Civil Procedure. Plaintiff has not responded to the Shown Cause Order. The court ORDERS, 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), that Ethicon, Inc., Ethicon, LLC and Johnson & Johnson are dismissed without prejudice. No defendants remain, and the court DIRECTS the Clerk to dismiss the case and strike it from the active docket. Dockets.Justia.com The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: January 11, 2021

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