Opinion
MDL 2511 Civil Action No. 2:14-cv-17950
01-06-2017
IN RE: IN RE: NEOMEDIC PELVIC SUPPORT SYSTEM PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: Brockington et al. v. Desarrollo e Investigación Médica Aragonesa, S.L., et al.
MEMORANDUM OPINION AND ORDER
By Pretrial Order ("PTO") # 32 (Order re: Production of Plaintiff Profile Forms and Case-Specific Information and Documents for Certain Neomedic MDL Plaintiffs), I ordered that certain plaintiffs submit a substantially completed Plaintiff Profile Form and other documents on or before November 23, 2016 [ECF No. 145]. I warned that "[a]ny plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice." PTO # 32. The Special Master identified the case of Brockington et al. v. Desarrollo e Investigación Médica Aragonesa, S.L., et al. as failing to comply with PTO # 32 in a report submitted to me on November 30, 2016 [ECF No. 161].
By PTO # 35 entered on December 6, 2016, I set a Show Cause Hearing for January 4, 2017. I directed the Brockingtons to appear in person to show cause why their case should not be dismissed with prejudice for failure to serve a PPF [ECF No. 165]. The Brockingtons did not appear at the Show Cause Hearing. For the reasons stated on the record, it is ORDERED that plaintiffs' case is DISMISSED with prejudice.
The court DIRECTS the Clerk to send a copy of this Judgment Order to counsel of record and to the plaintiffs via certified mail, return receipt requested to the following address:
Tanya Couts Brockington and Carnell L. Brockington
210 Patterson Street,
Copperas Cove, TX 76522
ENTER: January 6, 2017
/s/_________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE