Bettencourt et al v. Boston Scientific Corporation, No. 2:2017cv02984 - Document 30 (S.D.W. Va. 2020)

Court Description: MEMORANDUM OPINION AND ORDER The 23 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 with prejudice; BSC is dismissed without prejudice; this case is closed and stricken from the court's docket; any remaining pending motions are DENIED as moot. Signed by Judge Joseph R. Goodwin on 9/23/2020. (cc: counsel of record; any unrepresented party) (kew)

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Bettencourt et al v. Boston Scientific Corporation Doc. 30 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION FILOMENA BETTENCOURT, Plaintiff, v. CIVIL ACTION NO. 2:17-cv-02984 BOSTON SCIENTIFIC CORPORATION, Defendant. MEMORANDUM OPINION AND ORDER Pending is Defendant’s Motion to Dismiss with Prejudice for plaintiff’s failure to serve a Plaintiff Fact Sheet pursuant to deadlines and requirements established by the court’s previous pretrial order. [ECF No. 23]. Plaintiff’s counsel responded opposing the motion and stating that plaintiff has been unresponsive. [ECF No. 24]. 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”) be dismissed without prejudice from this case for failure to serve a Plaintiff Fact Sheets in compliance with the court’s previous pretrial order. Therefore, the court ORDERS that Defendant’s Motion to Dismiss with Prejudice [ECF No. 23] is GRANTED in part to the extent BSC seeks dismissal and DENIED insofar as BSC seeks dismissal with prejudice. The court ORDERS that Dockets.Justia.com BSC is dismissed without prejudice, and this case is closed and stricken from the court’s docket. The court ORDERS that any remaining pending motions are DENIED as moot. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: September 23, 2020 2

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