Case Information
*1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
IN RE: AMERICAN MEDICAL SYSTEMS, INC.
PELVIC SUPPORT SYSTEMS
PRODUCTS LIABILITY LITIGATION MDL 2325 Linda Berrryhill, et al. v. American Medical Systems, Inc. 2:13-cv-023072 MEMORANDUM OPINION AND ORDER
Pending is a Motion to Dismiss Plaintiff Linda Berryhill’s Complaint with Prejudice for Failure to Comply with Pre-Trial Order #274, filed March 13, 2019. [ECF No. 10]. Plaintiff has not responded to this motion or any of the other various motions on the docket. 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), plaintiff Linda Berryhill should be dismissed without prejudice for failure to serve the Plaintiff Fact Sheet in compliance with the court’s previous pretrial and other orders.
Therefore, the court ORDERS that the motion to dismiss [ECF No. 10] is GRANTED in part to the extent AMS seeks dismissal of Ms. Berryhill and DENIED in part insofar as AMS seeks dismissal with prejudice of the entire case. The court ORDERS that Ms. Berryhill is dismissed without prejudice. The case must remain open, as Mr. Berryhill remains as a plaintiff. The court further ORDERS that the motions at ECF Numbers 12 and 14 are DENIED as moot in light of the dismissal of Ms. Berrryhill.
The court DIRECTS the Clerk to send a copy of this order to counsel of record and plaintiff at her last known address.
ENTER: June 12, 2019
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