Rice et al v. American Medical Systems, Inc.
Filing
19
MEMORANDUM OPINION AND ORDER The 14 MOTION by American Medical Systems, Inc. to Dismiss With Prejudice is GRANTED in part to the extent AMS seeks dismissal and DENIED insofar as AMS seeks dismissal with prejudice; the court ORDERS that the case is dismissed without prejudice and stricken from the court's docket. Signed by Judge Joseph R. Goodwin on 9/30/2019. (cc: counsel of record; any unrepresented party) (st)
IN THE UNITED STATES DISTRICT COU5
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
IN RE: AMERICAN MEDICAL SYSTEMS, INC.
PELVIC REPAIR SYSTEM PRODUCTS
LIABILITY LITIGATION
MDL No. 2325
__________________________________________________________
Billie Rice, et al. v. American Medical Systems, Inc.
2:13-cv-04150
MEMORANDUM OPINION AND ORDER
Pending is a Motion to Dismiss Plaintiffs Billie and Barclay Rice’s Complaint
with Prejudice for Failure to Comply with Pre-Trial Order # 280, filed July 15, 2019.
[ECF No. 14]. AMS cites to plaintiffs’ failure to timely serve a Plaintiff Fact Sheet
(“PFS”) in violation of AMS Pretrial Order # 280. Plaintiffs have not responded to the
motion. Plaintiffs also failed to respond to requests for admission or the motion to
deem those requests for admission admitted, and the requests for admission were
deemed admitted by order entered September 10, 2019. [ECF No. 18]. 1
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 this case should be dismissed without
prejudice for failure to provide a PFS in compliance with the court’s previous order.
Therefore, the court ORDERS that the Motion to Dismiss filed by AMS [ECF
No. 14] is GRANTED in part to the extent AMS seeks dismissal and DENIED insofar
1
The court is aware of plaintiffs’ counsel’s desire to withdraw as counsel. [ECF No. 12].
as AMS seeks 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
September 30, 2019
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?