Collins-Fleming v. American Medical Systems, Inc. et al

Filing 28

MEMORANDUM OPINION AND ORDER Pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 4.1 of the Local Rules of Civil Procedure, Defendant, American Medical Systems, Inc., is dismissed without prejudice; no defendants remain, and the court DIRECTS the Clerk to dismiss the case and strike it from the active docket. Signed by Judge Joseph R. Goodwin on 4/6/2020. (cc: counsel of record; any unrepresented party) (st)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
JENNIFER COLLINS-FLEMING,
Plaintiff,
v.

CIVIL ACTION NO. 2:13-cv-021300

AMERICAN MEDICAL SYSTEMS, INC.,
Defendant.
MEMORANADUM OPINION AND ORDER
On March 3, 2020, I entered an order directing plaintiff to show cause on or before April
3, 2020, why her case should not be dismissed as to American Medical Systems, Inc., for failure
to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 4.1 of the
Local Rules of Civil Procedure.
Plaintiff has not responded to the Shown Cause Order. The court ORDERS, pursuant to
Rule 41(b) of the Federal Rules of Civil Procedure and Rule 4.1 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 defendant, American Medical Systems, Inc., is 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: April 6, 2020