Lamar v. Boston Scientific Corporation

Filing 28

MEMORANDUM OPINION AND ORDER The 20 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 with prejudice; BSC is dismissed without prejudice, and this case is closed and stricken from the court's docket; any remaining pending motions are DENIED as moot. Signed by Judge Joseph R. Goodwin on 9/24/2020. (cc: counsel of record; any unrepresented party) (kew)

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

JOANA LAMAR,
Plaintiff,
v.

CIVIL ACTION NO. 2:18-cv-00090

BOSTON SCIENTIFIC CORPORATION,
Defendant.
MEMORANDUM OPINION AND ORDER
Pending is Defendant’s Motion to Dismiss with Prejudice for plaintiff’s failure
to serve a Plaintiff Fact Sheet pursuant to deadlines and requirements established
by the court’s previous pretrial order. [ECF No. 20]. Plaintiff’s counsel responded
opposing the motion and stating that plaintiff has been unresponsive. [ECF No. 21].
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”)
be dismissed without prejudice from this case for failure to serve a Plaintiff Fact
Sheets in compliance with the court’s previous pretrial order.
Therefore, the court ORDERS that Defendant’s Motion to Dismiss with
Prejudice [ECF No. 20] is GRANTED in part to the extent BSC seeks dismissal and
DENIED insofar as BSC seeks dismissal with prejudice. The court ORDERS that

BSC is dismissed without prejudice, and this case is closed and stricken from the
court’s docket. The court ORDERS that any remaining pending motions are DENIED
as moot.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.
ENTER: September 24, 2020

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