Escobedov.Am. Med. Sys., Inc. (In re Am. Med. Sys., Inc.)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISIONJun 12, 2019
MDL 2325 (S.D.W. Va. Jun. 12, 2019)

MDL 2325 2:14-cv-027303

06-12-2019

IN RE: AMERICAN MEDICAL SYSTEMS, INC. PELVIC SUPPORT SYSTEMS PRODUCTS LIABILITY LITIGATION Dorothy Escobedo v. American Medical Systems, Inc.


MEMORANDUM OPINION AND ORDER

Pending is a Motion to Dismiss Plaintiff Dorothy Escobedo's Complaint with Prejudice for Failure to Comply with Pre-Trial Order #274, filed March 13, 2019. [ECF No. 12]. 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 Dorothy Escobedo should be dismissed without prejudice for failure to serve a completed 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. 12] is GRANTED in part to the extent AMS seeks dismissal of Ms. Escobedo and DENIED in part insofar as AMS seeks dismissal with prejudice. The court ORDERS that plaintiff's case is dismissed without prejudice and stricken from the docket.

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

/s/_________


JOSEPH R. GOODWIN


UNITED STATES DISTRICT JUDGE