Smith et al v. Ethicon, Inc. et al

Filing 30

MEMORANDUM OPINION AND ORDER directing that Ethicon, Inc., Ethicon, LLC and Johnson & Johnson are dismissed without prejudice; no defendants remain; the Clerk is directed to dismiss this case and strike it from the active docket. Signed by Judge Joseph R. Goodwin on 12/17/2020. (cc: counsel of record; any unrepresented party) (kew)

Case 2:13-cv-08511 Document 30 Filed 12/17/20 Page 1 of 1 PageID #: 209

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
LUCA SMITH,
Plaintiff,
v.

Civil Action No. 2:13-cv-08511

ETHICON, INC., et al.,
Defendants.
MEMORANADUM OPINION AND ORDER
On November 16, 2020, I entered an order directing plaintiff to show cause on or before
December 16, 2020, why his case should not be dismissed as to Ethicon, Inc., Ethicon, LLC and/or
Johnson & Johnson 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.
Plaintiff did not respond to the Show 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 Ethicon, Inc., Ethicon, LLC and Johnson & Johnson are dismissed without prejudice. No
defendants remain, and the court DIRECTS the Clerk to dismiss 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: December 17, 2020