Blum v. American Medical Systems, Inc. et al

Filing 50

MEMORANDUM OPINION AND ORDER Pursuant to Rule 4(m), Defendants, American Medical Systems Holdings, Inc., Endo Pharmaceuticals, Inc., Endo Pharmaceuticals Holdings, Inc., Endo Health Solutions, Inc., and Caldera Medical, Inc. are dismissed without pr ejudice; and further directing that pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 4.1 of the Local Rules of Civil Procedure, Defendant, American Medical Systems, Inc., is dismissed without prejudice; no defendants remain, and the court DIRECTS the Clerk to dismiss the case and strike it from the active docket. Signed by Judge Joseph R. Goodwin on 4/6/2020. (cc: counsel of record; plaintiff) (st)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
KELLY BLUM,
Plaintiff,
v.

CIVIL ACTION NO. 2:15-cv-11706

AMERICAN MEDICAL SYSTEMS
HOLDINGS, INC., et al.,
Defendants.
MEMORANADUM OPINION AND ORDER
On March 2, 2020, I entered an order directing plaintiff to show cause on or before April
2, 2020, why her case should not be dismissed without prejudice as to defendants, American
Medical Systems Holdings, Inc., Endo Pharmaceuticals, Inc., Endo Pharmaceuticals Holdings,
Inc., Endo Health Solutions, Inc., and Caldera Medical, Inc., pursuant to Rule 4(m) of the Federal
Rules of Civil Procedure and as to defendant, American Medical Systems, Inc., for failure to
prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 4.1 of the Local
Rules of Civil Procedure. The Show Cause Order was sent to plaintiff at her address and posted
on the court’s website for thirty days.
Plaintiff has not responded to the Shown Cause Order. The court ORDERS that plaintiff’s
case must be dismissed without prejudice as to defendants, American Medical Systems Holdings,
Inc., Endo Pharmaceuticals, Inc., Endo Pharmaceuticals Holdings, Inc., Endo Health Solutions,
Inc., and Caldera Medical, Inc., pursuant to Rule 4(m) for failure to serve the remaining defendants
within 90 days after the complaint was filed.

The court further 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, American Medical Systems,
Inc., is dismissed without prejudice. 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 her address.
ENTER: April 6, 2020