Daniels v. Ethicon, Inc. et al

Filing 17

MEMORANDUM OPINION AND ORDER The 12 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Dismiss With Prejudice is GRANTED in part to the extent Coloplast and Mentor seek dismissal and DENIED insofar as Coloplast and Mentor seek dismissal wi th prejudice; the court ORDERS that Coloplast and Mentor are dismissed without prejudice; no additional defendants remain, and the Clerk is DIRECTED to dismiss and strike the case from the active docket. Signed by Judge Joseph R. Goodwin on 3/18/2019. (cc: counsel of record; any unrepresented party) (kp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
DOROTHY DANIELS,
Plaintiff,
v.

CIVIL ACTION NO. 2:14-CV-15955

MENTOR WORLDWIDE LLC, et al.
Defendants.
MEMORANDUM OPINION AND ORDER
Pending is Defendant Coloplast Corp. (“Coloplast”) and Mentor Worldwide,
LLC’s (“Mentor”) Motion to Dismiss Pursuant to FRCP Rule 37, filed August 3, 3018,
2018. [ECF No. 13]. In the Motion, defendants Coloplast and Mentor move to dismiss
plaintiff’s claims against them with prejudice for failure to serve and file a plaintiff
fact sheet. Plaintiff has not responded.
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), the plaintiff’s claims against Coloplast and Mentor should be dismissed without
prejudice for failure to serve and file a completed plaintiff fact sheet in compliance with the court’s
previous pretrial order.
Therefore, the court ORDERS that the Motion to Dismiss [ECF No. 13] is GRANTED in
part to the extent Coloplast and Mentor seek dismissal and DENIED insofar as Coloplast and
Mentor seek dismissal with prejudice. The court ORDERS that Coloplast and Mentor

are dismissed without prejudice. No additional defendants remain, and the Clerk is
DIRECTED to dismiss and strike the case from the active docket.
The court further DIRECTS the Clerk to send a copy of this Order to counsel
of record and any unrepresented party.
ENTER:

2

March 18, 2019