Filed: Aug. 09, 2019
Latest Update: Aug. 09, 2019
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . Pending is Defendants Johnson & Johnson and Ethicon, Inc.'s ("Ethicon defendants") Motion to Dismiss with Prejudice for Lack of a Plaintiff Fact Sheet, filed on July 16, 2019. [ECF No. 20]. The Ethicon defendants cite to plaintiff's failure to timely serve a Plaintiff Fact Sheet ("PFS") in violation of the court's Pretrial Orders. In response, plaintiff's counsel stated that he has been unable to obtain plaintiff's compliance
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . Pending is Defendants Johnson & Johnson and Ethicon, Inc.'s ("Ethicon defendants") Motion to Dismiss with Prejudice for Lack of a Plaintiff Fact Sheet, filed on July 16, 2019. [ECF No. 20]. The Ethicon defendants cite to plaintiff's failure to timely serve a Plaintiff Fact Sheet ("PFS") in violation of the court's Pretrial Orders. In response, plaintiff's counsel stated that he has been unable to obtain plaintiff's compliance,..
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MEMORANDUM OPINION AND ORDER
JOSEPH R. GOODWIN, District Judge.
Pending is Defendants Johnson & Johnson and Ethicon, Inc.'s ("Ethicon defendants") Motion to Dismiss with Prejudice for Lack of a Plaintiff Fact Sheet, filed on July 16, 2019. [ECF No. 20]. The Ethicon defendants cite to plaintiff's failure to timely serve a Plaintiff Fact Sheet ("PFS") in violation of the court's Pretrial Orders. In response, plaintiff's counsel stated that he has been unable to obtain plaintiff's compliance, despite repeated attempts. [ECF No. 21]. On July 31, 2019, the remaining defendants, C.R. Bard, Inc. ("Bard") and Sofradim Production SAS ("Sofradim") joined in the motion. [ECF No. 22].
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 case should be dismissed without prejudice for failure to provide a PFS in compliance with the court's previous orders.
Therefore, the court ORDERS that the Ethicon defendants' motion to dismiss, [ECF No. 20] joined by Bard and Sofradim [ECF No. 22] is GRANTED in part to the extent the Ethicon defendants, Bard and Sofradim seek dismissal and DENIED insofar as these defendants seek 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.