Maxwell v. Boston Scientific Corporation

Filing 29

MEMORANDUM OPINION AND ORDER The 24 MOTION by Boston Scientific Corporation to Dismiss With Prejudice is GRANTED in part to the extent BSC seeks dismissal and DENIED in part insofar as BSC seeks dismissal with prejudice; the court ORDERS that BSC is dismissed without prejudice; no other defendants remain, and the case is stricken from the docket and closed. Signed by Judge Joseph R. Goodwin on 9/26/2019. (cc: counsel of record; plaintiff) (st)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
IN RE: BOSTON SCIENTIFIC CORP.
PELVIC REPAIR SYSTEMS
PRODUCTS LIABILITY LITIGATION

MDL 2326

------------------------------------------------THIS DOCUMENT RELATES TO
Cheryl Maxwell v. Boston Scientific Corp.

2:13-cv-029827

MEMORANDUM OPINION AND ORDER
Pending is Defendant’s Motion to Dismiss with Prejudice, filed by Boston
Scientific Corporation (“BSC”) on August 28, 2018. [ECF No. 24]. BSC asserts that
plaintiff’s case should be dismissed with prejudice for failure to comply with court
orders, including the failure to timely provide a plaintiff fact sheet in violation of
Pretrial Order Numbers 16 and 175. Plaintiff, who is pro se, did not respond to the
Motion.
On September 6, 2019, the court entered a Show Cause Order directing
plaintiff to show cause on or before September 20, 2019, why BSC should not be
dismissed. [ECF No. 27]. The court sent a copy of this order to plaintiff at her last
known address and posted it on the court’s public website. The order was returned
undeliverable to plaintiff. [ECF No. 28]. Plaintiff did not show cause or otherwise
respond.
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 this case should be dismissed without
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prejudice for plaintiff’s failure to respond to the show cause order and otherwise
comply with discovery deadlines in compliance with the court’s previous pretrial and
other orders.
Therefore, the court ORDERS that the motion to dismiss [ECF No. 24] is
GRANTED in part to the extent BSC seeks dismissal and DENIED in part insofar as
BSC seeks dismissal with prejudice. The court ORDERS that BSC is dismissed
without prejudice. No other defendants remain, and the case is stricken from the
docket and closed.
The court DIRECTS the Clerk to send a copy of this order to counsel of record
and plaintiff at her last known address.
ENTER:

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September 26, 2019