Ewing et al v. Boston Scientific Corporation et al

Filing 18

MEMORANDUM OPINION AND ORDER The 16 Motion by Boston Scientific Corporation to Dismiss With Prejudice is GRANTED in part to the extent BSC seeks dismissal and DENIED insofar as BSC seeks dismissal of the entire case with prejudice; BSC is dismissed from this case without prejudice; one defendant remains. Signed by Judge Joseph R. Goodwin on 10/28/2020. (cc: counsel of record; any unrepresented party) (kew)

Case 2:15-cv-08661 Document 18 Filed 10/28/20 Page 1 of 2 PageID #: 407

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

BEN EWING, Individually, and as
Executor/Administrator/Personal
Representative of the Estate of
His Wife, Frances Ewing,
Plaintiff,
v.

CIVIL ACTION NO. 2:15-cv-08661

BOSTON SCIENTIFIC CORP., et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
Pending is Defendant Boston Scientific Corporation’s Motion to Dismiss with
Prejudice based on plaintiff’s failure to serve a Plaintiff Fact Sheet pursuant to
deadlines and requirements established by the court’s previous pretrial order. (ECF
No. 16). Plaintiff has not responded to the motion. 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),
that Boston Scientific Corporation (“BSC”) should be dismissed without prejudice
from this case for plaintiff’s failure to serve a Plaintiff Fact Sheet in compliance with
the court’s previous pretrial order.
Therefore, the court ORDERS that the motion to dismiss (ECF No. 16) is
GRANTED in part to the extent BSC seeks dismissal and DENIED insofar as BSC

Case 2:15-cv-08661 Document 18 Filed 10/28/20 Page 2 of 2 PageID #: 408

seeks dismissal of the entire case with prejudice. The court ORDERS that BSC is
dismissed from this case without prejudice. One defendant remains.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.
ENTER: October 28, 2020

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