Ewing et al v. Boston Scientific Corporation et al

Filing 21

MEMORANDUM OPINION AND ORDER granting the 9 Motion to Dismiss for Failure to State a Claim; no defendants remain; the Clerk is directed to close the case and strike it from the docket. Signed by Judge Joseph R. Goodwin on 12/18/2020. (cc: counsel of record; any unrepresented party) (kew)

Case 2:15-cv-08661 Document 21 Filed 12/18/20 Page 1 of 1 PageID #: 412

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION,
BEN EWING, Individually, and as
Executor of the Estate of His Wife,
Francis Ewing,
Plaintiff,
v.

Civil Action Number 2:15-cv-08661

TEI BIOSCIENCES,
Defendant.
MEMORANDUM OPINION AND ORDER
Pending is TEI’s Motion to Dismiss for Failure to State a Claim. [ECF No. 6]. Plaintiff has
not responded. In the Motion, TEI seeks dismissal pursuant to Rule 12(b)(6) for failure to state a
claim upon which relief can be granted. TEI argues that plaintiffs’ complaint fails to allege any
facts specific to TEI.
For reasons appearing to the court, the court ORDERS that TEI’s Motion to Dismiss is
GRANTED. No defendants remain, and Clerk is directed to close the case and strike it from the
docket.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented party.
ENTER:

December 18, 2020