Shoulders v. Boston Scientific Corporation et al

Filing 33

MEMORANDUM OPINION AND ORDER directing that the cases on Exhibit A are DISMISSED and STRICKEN from the court's active docket; all pending motions are DENIED as moot. Signed by Judge Joseph R. Goodwin on 7/27/2020. (cc: counsel of record; plaintiff) (REF: MDL 2326; Cases on Exhibit A) (ts)

Case 2:14-cv-07783 Document 33 Filed 07/27/20 Page 1 of 3 PageID #: 312

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

MDL NO. 2326

THIS DOCUMENT RELATES TO CASES
IDENTIFIED ON EXHIBIT A
MEMORANDUM OPINION AND ORDER
On June 24, 2020, I entered an order directing plaintiffs on Exhibit A to show cause in their
individual cases on or before July 24, 2020, why their individual cases should not be dismissed as
to defendants Boston Scientific Corporation, C.R. Bard, Inc., Ethicon, Inc., Ethicon, LLC and/or
Johnson & Johnson pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 41.1
of the Local Rules of Civil Procedure. The Order was sent to the plaintiffs on Exhibit A at their
last known address and posted on the court’s website.
Plaintiffs have failed to respond to the Show Cause Order. Pursuant to Rule 41(b) of the
Federal Rules of Civil Procedure and Rule 41.1 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), the court
finds that the plaintiffs on Exhibit A have failed to prosecute their cases. The court ORDERS that
the remaining served and unserved defendants named in each case, Boston Scientific Corporation,
C.R. Bard, Inc., Ethicon, Inc., Ethicon, LLC and/or Johnson & Johnson, are dismissed without
prejudice. There are no remaining defendants in these cases on Exhibit A and therefor, the court
further ORDERS that the cases on Exhibit A are DISMISSED and STRICKEN from the court’s
active docket. All pending motions are DENIED as moot.

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The court DIRECTS the Clerk to send a copy of this Order to counsel of record and each
plaintiff on Exhibit A at her address.
ENTER: July 27, 2020

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Exhibit A

 Case Name

Case Number

 1  Janet G. Shoulders v. Boston Scientific Corp., et al.

2:14-cv-07783

 2  Nina Smith, et al. v. Boston Scientific Corp., et al.

2:13-cv-19778