Small v. Ethicon, Inc. et al, No. 2:2015cv01722 - Document 32 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER directing the Clerk to dismiss the case and strike it from the active docket, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 12/3/2020. (cc: counsel of record; any unrepresented party) (ts)
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Small v. Ethicon, Inc. et al Doc. 32 Case 2:15-cv-01722 Document 32 Filed 12/03/20 Page 1 of 1 PageID #: 1251 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION NADINE SMALL, Plaintiff, v. CIVIL ACTION NO. 2:15-cv-01722 ETHICON, INC., et al., Defendants. MEMORANADUM OPINION AND ORDER On November 2, 2020, I entered an order directing plaintiff to show cause on or before December 2, 2020, why this case should not be dismissed as to Ethicon, Inc. 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. 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. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: December 3, 2020 Dockets.Justia.com
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