Roach et al v. Boston Scientific Corporation, No. 2:2016cv05163 - Document 15 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER directing that defendant, BSC, is dismissed without prejudice; the Clerk is directed to close the case and strike it from the active docket. Signed by Judge Joseph R. Goodwin on 11/5/2020. (cc: counsel of record; any unrepresented party) (kew)
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Roach et al v. Boston Scientific Corporation Doc. 15 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION ANGELA ROACH, et al., Plaintiffs, v. CIVIL ACTION NO. 2:16-cv-05163 BOSTON SCIENTIFIC CORPORATION, Defendant. MEMORANADUM OPINION AND ORDER On October 5, 2020, I entered an order directing plaintiffs to show cause on or before November 4, 2020, why their case should not be dismissed as to Boston Scientific Corporation (“BSC”) 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. Plaintiffs have 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 defendant, BSC, is dismissed without prejudice. No defendants remain, and the court DIRECTS the Clerk to close 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: November 5, 2020 Dockets.Justia.com
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