Opinion
CIVIL ACTION NO. 2:17-cv-03985
09-23-2020
FILOMENA BETTENCOURT, Plaintiff, v. BOSTON SCIENTIFIC CORPORATION, Defendant.
MEMORANDUM OPINION AND ORDER
Pending is Defendant's Motion to Dismiss with Prejudice for plaintiff's failure to serve a Plaintiff Fact Sheet pursuant to deadlines and requirements established by the court's previous pretrial order. [ECF No. 23]. Plaintiff's counsel responded opposing the motion and stating that plaintiff has been unresponsive. [ECF No. 24].
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 Boston Scientific Corporation ("BSC") be dismissed without prejudice from this case for failure to serve a Plaintiff Fact Sheets in compliance with the court's previous pretrial order.
Therefore, the court ORDERS that Defendant's Motion to Dismiss with Prejudice [ECF No. 23] is GRANTED in part to the extent BSC seeks dismissal and DENIED insofar as BSC seeks dismissal with prejudice. The court ORDERS that BSC is dismissed without prejudice, and this case is closed and stricken from the court's docket. The court ORDERS that any remaining pending motions are DENIED as moot.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.
ENTER: September 23, 2020
/s/_________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE