Mattos v. Boston Scientific Corporation

Filing 17

MEMORANDUM OPINION AND ORDER The 15 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; the court ORDERS that BSC is dismissed without prejudice, and this case is closed and stricken from the court's docket. Signed by Judge Joseph R. Goodwin on 10/24/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (st)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
KATHLEEN M. MATTOS,
Plaintiff,
v.

CIVIL ACTION NO. 2:13-cv-08734

BOSTON SCIENTIFIC CORPORATION,
Defendant.
MEMORANDUM OPINION AND ORDER
Pending is Defendant Boston Scientific Corporation’s Motion to Dismiss With
Prejudice, filed November 16, 2018. [ECF No. 15]. In the motion, defendant Boston
Scientific Corporation (“BSC”) moves the court for an order dismissing plaintiff’s case
with prejudice for failure to serve a Plaintiff Fact Sheet (“PFS”) pursuant to deadlines
and requirements established by Pretrial Order Nos. 16 and 196. In response,
plaintiff, by counsel, opposes the motion. Counsel indicates that he has been unable
to file the PFS because plaintiff has not responded to his communication attempts.
Counsel asserts that the sanction of dismissal is not appropriate and that plaintiff
should be given another chance to comply. [ECF No. 16].
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 BSC should be dismissed without

prejudice from this case for plaintiff’s failure to serve a Plaintiff Fact Sheet in
compliance with the court’s applicable pretrial orders.
Therefore, the court ORDERS that the motion to dismiss [ECF No. 15] is
GRANTED in part to the extent BSC seeks dismissal and DENIED insofar as BSC
seeks dismissal with prejudice. The court ORDERS that BSC is dismissed without
prejudice, and this case is closed and stricken from the court’s docket.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.
ENTER:

2

October 24, 2019