Mullins v. Ethicon, Inc. et al

Filing 37

MEMORANDUM OPINION AND ORDER directing that the defendants are dismissed without prejudice; there are no remaining defendants in this case; this case is DISMISSED and STRICKEN from the docket; all pending motions are DENIED as moot. Signed by Judge Joseph R. Goodwin on 11/20/2020. (cc: counsel of record; plaintiff) (kew) (Modified on 11/20/2020 to remove and replace incorrect image attached) (kew).

Case 2:14-cv-26300 Document 37 Filed 11/20/20 Page 1 of 1 PageID #: 1278

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
Lois D. Mullins,
Plaintiff
v.

Civil Action Number 2:14-v-26300

Ethicon, Inc., et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
On October 20, 2020, I entered an order directing plaintiff to show cause on or before
November 19, 2020, why her case should not be dismissed as to the remaining defendants, Ethicon,
Inc. and 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 plaintiff at her last
known address and posted on the court’s website.
Plaintiff 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 plaintiff failed to prosecute her case. The court ORDERS that the above defendants are
dismissed without prejudice. There are no remaining defendants in this case and, therefor, the
court further ORDERS that the case is DISMISSED and STRICKEN from the court’s active
docket. All pending motions are DENIED as moot.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and
plaintiff at her address.
ENTER: November 20, 2020