Will v. C. R. Bard, Inc. et al, No. 2:2015cv07440 - Document 23 (S.D.W. Va. 2019)

Court Description: MEMORANDUM OPINION AND ORDER The court ORDERS that the Ethicon defendants' 20 motion to dismiss, joined by Bard and Sofradim 22 is GRANTED in part to the extent the Ethicon defendants, Bard and Sofradim seek dismissal and DENIED insofar as these defendants seek dismissal with prejudice; the court ORDERS that the case is dismissed without prejudice and stricken from the courts docket. Signed by Judge Joseph R. Goodwin on 8/9/2019. (cc: counsel of record; any unrepresented party) (st)

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Will v. C. R. Bard, Inc. et al Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: AMERICAN MEDICAL SYSTEMS, INC. PELVIC SUPPORT SYSTEMS PRODUCTS LIABILITY LITIGATION Pamela Will v. C.R. Bard, Inc., et al. MDL 2325 2:15-cv-07440 MEMORANDUM OPINION AND ORDER Pending is Defendants Johnson & Johnson and Ethicon, Inc.’s (“Ethicon defendants”) Motion to Dismiss with Prejudice for Lack of a Plaintiff Fact Sheet, filed on July 16, 2019. [ECF No. 20]. The Ethicon defendants cite to plaintiff’s failure to timely serve a Plaintiff Fact Sheet (“PFS”) in violation of the court’s Pretrial Orders. In response, plaintiff’s counsel stated that he has been unable to obtain plaintiff’s compliance, despite repeated attempts. [ECF No. 21]. On July 31, 2019, the remaining defendants, C.R. Bard, Inc. (“Bard”) and Sofradim Production SAS (“Sofradim”) joined in the motion. [ECF No. 22]. 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), 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 the Ethicon defendants’ motion to dismiss, [ECF No. 20] joined by Bard and Sofradim [ECF No. 22] is GRANTED in part to the extent the Ethicon defendants, Bard and Sofradim seek dismissal and DENIED Dockets.Justia.com insofar as these defendants seek 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 August 9, 2019

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