Tenchv.Coloplast Corp.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISIONMar 15, 2019
CIVIL ACTION NO. 2:13-CV-19246 (S.D.W. Va. Mar. 15, 2019)

CIVIL ACTION NO. 2:13-CV-19246

03-15-2019

MARY TENCH, et al., Plaintiffs, v. COLOPLAST CORP., Defendant.


MEMORANDUM OPINION AND ORDER

Pending is Defendant Coloplast Corp.'s Motion to Dismiss with Prejudice, filed November 19, 2018. [ECF No. 12]. In the Motion, defendant Coloplast Corp. moves to dismiss plaintiffs' claims against it with prejudice for failure to serve a completed plaintiff fact sheet. Plaintiffs have not responded.

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), the plaintiffs' claims against Coloplast Corp. should be dismissed without prejudice for failure to produce a completed plaintiff fact sheet in compliance with the court's previous pretrial order.

Therefore, the court ORDERS that the Motion to Dismiss [ECF No. 12] is GRANTED in part to the extent Coloplast Corp. seeks dismissal and DENIED insofar as Coloplast Corp. seeks dismissal with prejudice. The court ORDERS that Coloplast Corp. is dismissed without prejudice. No additional defendants remain, and the Clerk is DIRECTED to dismiss and strike the case from the active docket.

The court further DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.

ENTER: March 15, 2019

/s/_________


JOSEPH R. GOODWIN


UNITED STATES DISTRICT JUDGE