Ewing et al v. TEI Biosciences, No. 2:2015cv08661 - Document 18 (S.D.W. Va. 2020)

Court Description: MEMORANDUM OPINION AND ORDER The 16 Motion by Boston Scientific Corporation to Dismiss With Prejudice is GRANTED in part to the extent BSC seeks dismissal and DENIED insofar as BSC seeks dismissal of the entire case with prejudice; BSC is dismissed from this case without prejudice; one defendant remains. Signed by Judge Joseph R. Goodwin on 10/28/2020. (cc: counsel of record; any unrepresented party) (kew)

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Ewing et al v. TEI Biosciences Doc. 18 Case 2:15-cv-08661 Document 18 Filed 10/28/20 Page 1 of 2 PageID #: 407 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION BEN EWING, Individually, and as Executor/Administrator/Personal Representative of the Estate of His Wife, Frances Ewing, Plaintiff, v. CIVIL ACTION NO. 2:15-cv-08661 BOSTON SCIENTIFIC CORP., et al., Defendants. MEMORANDUM OPINION AND ORDER Pending is Defendant Boston Scientific Corporation’s Motion to Dismiss with Prejudice based on plaintiff’s failure to serve a Plaintiff Fact Sheet pursuant to deadlines and requirements established by the court’s previous pretrial order. (ECF No. 16). Plaintiff has not responded to the motion. 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), that Boston Scientific Corporation (“BSC”) should be dismissed without prejudice from this case for plaintiff’s failure to serve a Plaintiff Fact Sheet in compliance with the court’s previous pretrial order. Therefore, the court ORDERS that the motion to dismiss (ECF No. 16) is GRANTED in part to the extent BSC seeks dismissal and DENIED insofar as BSC Dockets.Justia.com Case 2:15-cv-08661 Document 18 Filed 10/28/20 Page 2 of 2 PageID #: 408 seeks dismissal of the entire case with prejudice. The court ORDERS that BSC is dismissed from this case without prejudice. One defendant remains. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: October 28, 2020 2

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