Hall et al v. Ethicon, Inc. et al

Filing 13

MEMORANDUM OPINION AND ORDER The 9 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. Signed by Judge Joseph R. Goodwin on 7/16/2019. (cc: counsel of record; any unrepresented party) (kew)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
CHRISTINA HALL, et al.,
Plaintiffs,
v.

CIVIL ACTION NO. 2:18-cv-00998

BOSTON SCIENTIFIC CORPORATION,
Defendant.
MEMORANDUM OPINION AND ORDER
Pending is Defendant Boston Scientific Corporation’s Motion to Dismiss With
Prejudice, filed February 21, 2019. [ECF No. 9]. In the motion, defendant Boston
Scientific Corporation (“BSC”) moves the court for an order dismissing plaintiffs’ case
with prejudice for failure to serve a timely Plaintiff Fact Sheet pursuant to deadlines
and requirements established by Pretrial Order Nos. 17 and 328. Plaintiffs have 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 BSC should be dismissed without
prejudice from this case for plaintiffs’ failure to serve a Plaintiff Fact Sheet in
compliance with the court’s applicable pretrial orders.
Therefore, the court ORDERS that the motion to dismiss [ECF No. 9] 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 DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.
ENTER:

2

July 16, 2019