Hensley v. Boston Scientific CorporationMOTIONS.D.W. Va.February 11, 2019UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON IN RE: BOSTON SCIENTIFIC CORPORATION, PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION MDL No. 2326 ______________________________________ THIS DOCUMENT RELATES TO: 17-cv-01401 HENSLEY, Carrie vs. Boston Scientific Corporation DEFENDANT’S MOTION TO DISMISS WITH PREJUDICE Defendant Boston Scientific Corporation moves to dismiss this case with prejudice, pursuant to the procedure and requirements established by Pretrial Order #186 [MDL No. 2326, ECF No. 6090] (hereafter “PTO #186”). In support of this motion, Defendant hereby attests to the following: 1. Defendant, Boston Scientific Corporation, has received a valid, executed settlement release from plaintiff. 2. Settlement funds (via a QSF or otherwise) have been disbursed to plaintiff’s counsel. 3. Defendant, Boston Scientific Corporation, has been informed that disbursement of the settlement funds to plaintiff has occurred. Wherefore, Boston Scientific Corporation requests that the Court dismiss Boston Scientific Corporation with prejudice pursuant to the procedure and requirements established by PTO #186. This case has no active defendants so this case should be removed from the active docket. Case 2:17-cv-01401 Document 15 Filed 02/11/19 Page 1 of 3 PageID #: 177 - 2 - Dated: February 11, 2019 Respectfully submitted, By: /s/ Jon A. Strongman Jon A. Strongman – MO Bar #: 53995 SHOOK, HARDY & BACON L.L.P. 2555 Grand Boulevard Kansas City, Missouri 64108 Telephone: 816.474.6550 Facsimile: 816.421.5547 jstrongman@shb.com COUNSEL FOR DEFENDANT BOSTON SCIENTIFIC CORPORATION Case 2:17-cv-01401 Document 15 Filed 02/11/19 Page 2 of 3 PageID #: 178 - 3 - CERTIFICATE OF SERVICE I hereby certify that on February 11, 2019, I electronically filed the foregoing with the Clerk using the CM/ECF system which will send notification of such filing to the CM/ECF participants registered to receive service in the member cases. By: /s/ Jon A. Strongman Jon A. Strongman – MO Bar #: 53995 SHOOK, HARDY & BACON L.L.P. COUNSEL FOR DEFENDANT BOSTON SCIENTIFIC CORPORATION Case 2:17-cv-01401 Document 15 Filed 02/11/19 Page 3 of 3 PageID #: 179