Howard v. Mentor Worldwide, LLC, 2:12-cv-03328. (2019)
Court: District Court, S.D. West Virginia
Number: infdco20190510d97
Visitors: 4
Filed: May 09, 2019
Latest Update: May 09, 2019
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . Pending is a motion to dismiss Coloplast Corp. ("Coloplast") and Mentor Worldwide, LLC ("Mentor") with prejudice for plaintiffs' failure to serve a Plaintiff Fact Sheet pursuant to deadlines and requirements established by the court's previous pretrial order. (ECF No. 19). 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 fa
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . Pending is a motion to dismiss Coloplast Corp. ("Coloplast") and Mentor Worldwide, LLC ("Mentor") with prejudice for plaintiffs' failure to serve a Plaintiff Fact Sheet pursuant to deadlines and requirements established by the court's previous pretrial order. (ECF No. 19). 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 fac..
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MEMORANDUM OPINION AND ORDER
JOSEPH R. GOODWIN, District Judge.
Pending is a motion to dismiss Coloplast Corp. ("Coloplast") and Mentor Worldwide, LLC ("Mentor") with prejudice for plaintiffs' failure to serve a Plaintiff Fact Sheet pursuant to deadlines and requirements established by the court's previous pretrial order. (ECF No. 19). 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 Coloplast and Mentor should be dismissed without prejudice from this case for failure to serve Plaintiff Fact Sheets in compliance with the court's previous pretrial order.
Therefore, the court ORDERS that the motion to dismiss (ECF No. 19) is GRANTED in part to the extent Coloplast and Mentor seek dismissal and DENIED insofar as Coloplast and Mentor seek dismissal with prejudice. The court ORDERS that Coloplast and Mentor are 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.
Source: Leagle
