Lee et al v. Coloplast Corp.
Filing
16
MEMORANDUM OPINION AND ORDER The 12 MOTION by Coloplast Corp. to Dismiss With Prejudice is GRANTED in part to the extent Coloplast seeks dismissal and DENIED insofar as Coloplast seeks dismissal with prejudice; the court ORDERS that Coloplast is di smissed 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: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
SHERRI LYNN LEE, et al.,
Plaintiffs,
v.
CIVIL ACTION NO. 2:14-CV-20058
COLOPLAST CORP.,
Defendant.
MEMORANDUM OPINION AND ORDER
Pending is Defendant Coloplast Corp.’s (“Coloplast”) Motion to Dismiss with
Prejudice, filed November 19, 2018. [ECF No. 12]. In the Motion, defendant Coloplast
moves to dismiss plaintiffs’ claims against it with prejudice for failure to serve a
plaintiff fact sheet. Plaintiffs have 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 plaintiffs’ claims against Coloplast should be dismissed without prejudice for
failure to serve 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. 12] is GRANTED in
part to the extent Coloplast seeks dismissal and DENIED insofar as Coloplast seeks dismissal
with prejudice. The court ORDERS that Coloplast is 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
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