Rowe et al v. C. R. Bard, Inc.

Filing 16

MEMORANDUM OPINION AND ORDER Pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 4.1 of the Local Rules of Civil Procedure, defendant C.R. Bard, Inc. is dismissed without prejudice, any outstanding motions are DENIED as moot; no defendants remain, and the Clerk is directed to dismiss the case and strike it from the active docket. Signed by Judge Joseph R. Goodwin on 6/1/2020. (cc: counsel of record; plaintiff) (st)

Case 2:15-cv-02758 Document 16 Filed 06/01/20 Page 1 of 1 PageID #: 113

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION

MARK ROWE,
Plaintiff,
v.

CIVIL ACTION NO. 2:15-cv-02758

C. R. BARD, INC.,
Defendant.
MEMORANADUM OPINION AND ORDER

On April 28, 2020, I entered an order directing plaintiff Mark Rowe to show cause on or before
May 31, 2020, why his case should not be dismissed as to defendant C.R. Bard, Inc. pursuant to Rule
41(b) of the Federal Rules of Civil Procedure and Rule 4.1 of the Local Rules of Civil Procedure. The
Order was sent to Mr. Rowe at his last known address and posted on the court’s website.
Mr. Rowe has not responded to the Show Cause Order. For this reason and the reasons identified
in my Show Cause Order related to Mr. Rowe’s inaction in this case and failure to comply with the
Docket Control Orders the court ORDERS, pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure and Rule 4.1 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), that defendant C.R. Bard, Inc. is dismissed without
prejudice. Any outstanding motions are DENIED as moot. No defendants remain, and the court
DIRECTS the Clerk to dismiss the case and strike it from the active docket.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and plaintiff at
his address.
ENTER:

June 1, 2020