Daniels et al v. Mentor Worldwide LLC et al

Filing 29

MEMORANDUM OPINION AND ORDER The 27 MOTION by Mentor Worldwide LLC to Dismiss With Prejudice is GRANTED and and Mentor Worldwide LLC is DISMISSED with prejudice. Signed by Judge Joseph R. Goodwin on 4/2/2018. (cc: counsel of record; any unrepresented party) (mek)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
IN RE:

COLOPLAST CORP.,
PELVIC SUPPORT SYSTEMS
PRODUCTS LIABILITY LITIGATION

MDL No. 2387
______

THIS DOCUMENT RELATES TO:

Tammy L. Daniels, et al. v. Mentor Worldwide LLC
Civil Action No. 2:13-cv-22492
MEMORANDUM OPINION AND ORDER
Pending before the court is Defendant's Motion to Dismiss [ECF No. 27] filed
by Mentor Worldwide LLC ("Mentor"). The plaintiffs have not responded, and the
deadline for responding has expired. Thus, this matter is ripe for my review. For the
reasons stated below, the motion is GRANTED.
Defendant's Motion arises from this court’s Order [ECF No. 26], entered on
February 27, 2018, granting the second Motion to Dismiss [ECF No. 23] filed by
Coloplast Corp. (“Coloplast”) for failure to serve a Plaintiff Fact Sheet (“PFS”) in
compliance with Pretrial Order (“PTO”) # 124. In that Order, I determined that
“[b]ecause the less drastic sanction instituted against the plaintiffs has had no effect
on their compliance with and response to this court’s discovery orders, which they
have continued to blatantly disregard, . . . dismissing the defendant with prejudice is
now appropriate.” Order at 2. Now, Mentor moves for dismissal with prejudice on the
same ground.

For the reasons explained in my February 27, 2018 Order dismissing
Coloplast, it is ORDERED that the Defendant's Motion to Dismiss [ECF No. 27] is
GRANTED, and Mentor is DISMISSED with prejudice.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record
and to any unrepresented party.
ENTER:

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April 2, 2018