Folse v. Boston Scientific Corporation, 2:19-cv-00096. (2019)
Court: District Court, S.D. West Virginia
Number: infdco20190612f63
Visitors: 3
Filed: Jun. 11, 2019
Latest Update: Jun. 11, 2019
Summary: MEMORNANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . Pending is Defendant Boston Scientific Corporation's Motion to Dismiss with Prejudice, filed May 7, 2019. [ECF No. 8]. In the Motion, defendant seeks dismissal of plaintiffs' case with prejudice because plaintiffs improperly filed this action directly into the MDL after the court had ended this procedure. Plaintiffs oppose the motion, argue that it should be denied, and, in the alternative, assert that this action should ins
Summary: MEMORNANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . Pending is Defendant Boston Scientific Corporation's Motion to Dismiss with Prejudice, filed May 7, 2019. [ECF No. 8]. In the Motion, defendant seeks dismissal of plaintiffs' case with prejudice because plaintiffs improperly filed this action directly into the MDL after the court had ended this procedure. Plaintiffs oppose the motion, argue that it should be denied, and, in the alternative, assert that this action should inst..
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MEMORNANDUM OPINION AND ORDER
JOSEPH R. GOODWIN, District Judge.
Pending is Defendant Boston Scientific Corporation's Motion to Dismiss with Prejudice, filed May 7, 2019. [ECF No. 8]. In the Motion, defendant seeks dismissal of plaintiffs' case with prejudice because plaintiffs improperly filed this action directly into the MDL after the court had ended this procedure. Plaintiffs oppose the motion, argue that it should be denied, and, in the alternative, assert that this action should instead be transferred to the Western District of North Carolina or that any dismissal be without prejudice.
Because defendant has filed a notice of appearance in the case, thereby answering the short form complaint and making an appearance and because the court has already entered a scheduling order in this case which it expects the parties to follow, the court ORDERS that Defendant's Motion [ECF No. 8] is DENIED.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.
Source: Leagle
