Coplen v. American Medical Systems, Inc.

Filing 26

MEMORANDUM OPINION AND ORDER The 22 MOTION by American Medical Systems, Inc. to Dismiss With Prejudice For Failure to Comply With Pre-Trial Order #249 is GRANTED in part to the extent AMS seeks dismissal, and DENIED insofar as AMS seeks dismissal with prejudice; the court ORDERS that the case is dismissed without prejudice and stricken from the court's docket. Signed by Judge Joseph R. Goodwin on 2/7/2019. (cc: counsel of record; plaintiff at her last known address) (brn)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
IN RE: AMERICAN MEDICAL SYSTEMS, INC.
PELVIC SUPPORT SYSTEMS
PRODUCTS LIABILITY LITIGATION

MDL 2325

Coplen v. American Medical Systems, Inc.

2:13-cv-31359

MEMORANDUM OPINION AND ORDER
Pending is a Motion to Dismiss with Prejudice for Plaintiff Cathy Estes
Coplen’s Failure to Comply with Pre-Trial Order # 249, filed April 10, 2018. [ECF No.
22]. Plaintiff, who is pro se, has not responded to this or any of the other various
dispositive motions on the docket filed since her counsel withdrew in 2016. 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), this cases should be dismissed without prejudice for failure to
serve the Plaintiff Fact Sheet or to comply with other deadlines in compliance with
the court’s previous pretrial and other orders.
Therefore, the court ORDERS that the motion to dismiss [ECF No. 22] is
GRANTED in part to the extent AMS seeks dismissal and DENIED insofar as AMS
seeks dismissal with prejudice.

The court ORDERS that the case is dismissed

without prejudice and stricken from the court’s docket.
The court DIRECTS the Clerk to send a copy of this order to counsel of record
and plaintiff at her las known address.
ENTER:

February 7, 2019