Wroten v. GlaxoSmithKline LLC

Filing 45

Judge F. Dennis Saylor, IV: ORDER entered. ORDER TO SHOW CAUSE(Halley, Taylor)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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JOANNA WROTEN, individually and as a
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parent and natural guardian of L.T., a minor, )
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Plaintiff,
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v.
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GLAXOSMITHKLINE LLC,
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Defendant.
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__________________________________________)

Civil Action No.
17-10008-FDS

ORDER TO SHOW CAUSE
SAYLOR, J.
On May 26, 2016, this Court issued MDL Order No. 11, which required each plaintiff to
complete a Plaintiff Fact Sheet. (Docket No. 252 at ¶ 14). That Order also required plaintiffs to
include signed declarations and duly executed authorizations with their fact sheets. (Id.).
Furthermore, the Court ordered that “questions on the fact sheets shall be treated as
interrogatories under Rule 33 of the Federal Rules of Civil Procedure, and shall be subject to the
rules applicable to such interrogatories . . . .” (Id. at ¶ 17).
It appears that plaintiff has failed to comply with MDL Order No. 11. Plaintiff has failed
to provide complete answers, or any answers at all, to numerous questions on the fact sheet.
Plaintiff has also failed to submit the required authorizations.
On September 26, 2018, GlaxoSmithKline LLC filed a motion to compel compliance
with MDL Order No. 11. Plaintiff failed to provide the requested discovery, and failed to file an
opposition or otherwise respond to defendant’s motion.

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Pursuant to Fed. R. Civ. P. 37(b)(2)(A)(v), a court may dismiss an action in whole or in
part for failure to comply with discovery orders. As plaintiff has not requested additional time to
file the required documents, or offered any reason for her delay, she is hereby ORDERED to
show cause in writing within 14 days (that is, on or before October 31, 2018) why this case
should not be dismissed for failure to provide discovery. If good cause is not shown by that date,
this action will be dismissed pursuant to Rule 37(b)(2)(A)(v).
So Ordered.

/s/ F. Dennis Saylor
F. Dennis Saylor IV
United States District Judge

Dated: October 17, 2018

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