In re American Medical Systems, Inc. Pelvic Support Systems Products Liability Litigation, 2:13-cv-31359. (2019)
Court: District Court, S.D. West Virginia
Number: infdco20190208h38
Visitors: 5
Filed: Feb. 07, 2019
Latest Update: Feb. 07, 2019
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . Pending is a Motion to Dismiss with Prejudice for Plaintiff Cathy Estes Coplen's Failure to Comply with Pre-Trial Order # 249, filed April 10, 2018. [ECF No. 22]. Plaintiff, who is pro se, has not responded to this or any of the other various dispositive motions on the docket filed since her counsel withdrew in 2016. 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 with Prejudice for Plaintiff Cathy Estes Coplen's Failure to Comply with Pre-Trial Order # 249, filed April 10, 2018. [ECF No. 22]. Plaintiff, who is pro se, has not responded to this or any of the other various dispositive motions on the docket filed since her counsel withdrew in 2016. 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 with Prejudice for Plaintiff Cathy Estes Coplen's Failure to Comply with Pre-Trial Order # 249, filed April 10, 2018. [ECF No. 22]. Plaintiff, who is pro se, has not responded to this or any of the other various dispositive motions on the docket filed since her counsel withdrew in 2016. 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), this cases should be dismissed without prejudice for failure to serve the Plaintiff Fact Sheet or to comply with other deadlines in compliance with the court's previous pretrial and other orders.
Therefore, the court ORDERS that the motion to dismiss [ECF No. 22] is GRANTED in part to the extent AMS seeks dismissal and DENIED insofar as AMS seeks dismissal with prejudice. The court ORDERS that the case is dismissed without prejudice and stricken from the court's docket.
The court DIRECTS the Clerk to send a copy of this order to counsel of record and plaintiff at her las known address.
Source: Leagle
