Snyder et al v. Coloplast Corp.

Filing 18

MEMORANDUM OPINION AND ORDER The 15 MOTION by Coloplast Corp. to Dismiss With Prejudice is GRANTED in part to the extent Coloplast Corp. seeks dismissal and DENIED insofar as Coloplast Corp. seeks dismissal with prejudice. No additional defendants remain, and the Clerk is DIRECTED to dismiss and strike the case from the active docket. Signed by Judge Joseph R. Goodwin on 3/15/2019. (cc: counsel of record; any unrepresented party) (mek)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
KRISTEN RENEE SNYDER, et al.,
Plaintiffs,
v.

CIVIL ACTION NO. 2:13-CV-16268

COLOPLAST CORP.,
Defendant.
MEMORANDUM OPINION AND ORDER
Pending is Defendant Coloplast Corp.’s Motion to Dismiss with Prejudice, filed
November 19, 2018. [ECF No. 15]. In the Motion, defendant Coloplast Corp. moves to
dismiss plaintiffs’ claims against it with prejudice for failure to serve a plaintiff fact
sheet. Plaintiffs have not responded.
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), the plaintiffs’ claims against Coloplast Corp. should be dismissed without
prejudice for failure to produce a completed plaintiff fact sheet in compliance with the court’s
previous pretrial order.
Therefore, the court ORDERS that the Motion to Dismiss [ECF No. 15] is GRANTED in
part to the extent Coloplast Corp. seeks dismissal and DENIED insofar as Coloplast Corp.
seeks dismissal with prejudice. The court ORDERS that Coloplast Corp. is dismissed

without prejudice. No additional defendants remain, and the Clerk is DIRECTED to
dismiss and strike the case from the active docket.
The court further DIRECTS the Clerk to send a copy of this Order to counsel
of record and any unrepresented party.
ENTER:

2

March 15, 2019