Valencia v. American Medical Systems Inc., 2:13-cv-18501. (2019)
Court: District Court, S.D. West Virginia
Number: infdco20190318709
Visitors: 21
Filed: Mar. 14, 2019
Latest Update: Mar. 14, 2019
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . Pending is a Motion to Dismiss Pursuant to PTO 259 and FRCP 25(a)(1), filed January 11, 2019. [ECF No. 32]. In the Motion, defendants American Medical Systems, Inc. and Boston Scientific Corporation seek dismissal with prejudice for plaintiff's failure to comply with PTO # 259 and Rule 25 of the Federal Rules of Civil Procedure or, alternatively, dismissal without prejudice pursuant to PTO # 259. See Pretrial Order ("PTO")
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . Pending is a Motion to Dismiss Pursuant to PTO 259 and FRCP 25(a)(1), filed January 11, 2019. [ECF No. 32]. In the Motion, defendants American Medical Systems, Inc. and Boston Scientific Corporation seek dismissal with prejudice for plaintiff's failure to comply with PTO # 259 and Rule 25 of the Federal Rules of Civil Procedure or, alternatively, dismissal without prejudice pursuant to PTO # 259. See Pretrial Order ("PTO") ..
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MEMORANDUM OPINION AND ORDER
JOSEPH R. GOODWIN, District Judge.
Pending is a Motion to Dismiss Pursuant to PTO 259 and FRCP 25(a)(1), filed January 11, 2019. [ECF No. 32]. In the Motion, defendants American Medical Systems, Inc. and Boston Scientific Corporation seek dismissal with prejudice for plaintiff's failure to comply with PTO # 259 and Rule 25 of the Federal Rules of Civil Procedure or, alternatively, dismissal without prejudice pursuant to PTO # 259. See Pretrial Order ("PTO") # 259, In re: American Medical Systems, Inc., Pelvic Repair Sys. Prods. Liab. Litig., 2:12-md-2325 [ECF No. 6347]. Plaintiff has not responded.
For reasons appearing to the court, the court ORDERS that the Motion to Dismiss [ECF No. 32] is DENIED to the extent defendants seek dismissal with prejudice, and GRANTED to the extent defendants seek dismissal without prejudice. The court further ORDERS that this case be DISMISSED and STRICKEN from the docket of this court.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.
Source: Leagle
