Brockington et al v. Desarrollo e Investigacion Medica Aragonesa, S.L. et al, No. 2:2014cv17950 - Document 14 (S.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER For reasons stated on the record, plaintiffs' case is DISMISSED with prejudice. Signed by Judge Joseph R. Goodwin on 1/6/2017. (cc: counsel of record; plaintiffs via certified mail, return receipt requested) (ts) (Modified on 1/6/2017 to remove and replace corrupt image)(skh).

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Brockington et al v. Desarrollo e Investigacion Medica Aragonesa, S.L. et al Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: IN RE: NEOMEDIC PELVIC SUPPORT SYSTEM PRODUCTS LIABILITY LITIGATION MDL 2511 THIS DOCUMENT RELATES TO: Brockington et al. v. Desarrollo e Investigación Médica Aragonesa, S.L., et al. Civil Action No. 2:14-cv-17950 MEMORANDUM OPINION AND ORDER By Pretrial Order (“PTO”) # 32 (Order re: Production of Plaintiff Profile Forms and Case-Specific Information and Documents for Certain Neomedic MDL Plaintiffs), I ordered that certain plaintiffs submit a substantially completed Plaintiff Profile Form and other documents on or before November 23, 2016 [ECF No. 145]. I warned that “[a]ny plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice.” PTO # 32. The Special Master identified the case of Brockington et al. v. Desarrollo e Investigación Médica Aragonesa, S.L., et al. as failing to comply with PTO # 32 in a report submitted to me on November 30, 2016 [ECF No. 161]. By PTO # 35 entered on December 6, 2016, I set a Show Cause Hearing for January 4, 2017. I directed the Brockingtons to appear in person to show cause why their case should not be dismissed with prejudice for failure to serve a PPF [ECF No. 165]. The Brockingtons did not appear at the Show Cause Hearing. For the reasons Dockets.Justia.com stated on the record, it is ORDERED that plaintiffs’ case is DISMISSED with prejudice. The court DIRECTS the Clerk to send a copy of this Judgment Order to counsel of record and to the plaintiffs via certified mail, return receipt requested to the following address: Tanya Couts Brockington and Carnell L. Brockington 210 Patterson Street, Copperas Cove, TX 76522 ENTER: January 6, 2017 2

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