Opinion
MDL NO. 2326
09-22-2020
IN RE: BOSTON SCIENTIFIC CORP., PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO CASES IDENTIFIED ON EXHIBIT A
MEMORANDUM OPINION AND ORDER
On August 13, 2020, I entered an order directing plaintiffs on Exhibit A to show cause in their individual cases on or before September 14, 2020, why their individual cases should not be dismissed as to the remaining defendants, including C.R. Bard, Inc., Tissue Science Laboratories, Limited, Sofradim Production SAS, Boston Scientific Corporation, Analytic Biosurgical Solutions, Mentor Corporation, Mentor Worldwide, LLC, Caldera Medical, Inc., Tyco Healthcare Group LP, United States Surgical Corporation, Covidien, Inc., and/or John Does 1-20, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 41.1 of the Local Rules of Civil Procedure. The Order was sent to the plaintiffs on Exhibit A at their last known address and posted on the court's website.
Plaintiffs have failed to respond to the Show Cause Order. Pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 41.1 of the Local Rules of Civil Procedure and after weighing the factors identified in Ballard v. Carlson, 882 F.2d 93, 95 (4th Cir. 1989), the court finds that the plaintiffs on Exhibit A have failed to prosecute their cases. The court ORDERS that the above defendants, where named and as identified in the cases on Exhibit A, are dismissed without prejudice. There are no remaining defendants in these cases on Exhibit A and therefor, the court further ORDERS that the cases on Exhibit A are DISMISSED and STRICKEN from the court's active docket. All pending motions are DENIED as moot.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and each plaintiff on Exhibit A at her last known address.
ENTER: September 22, 2020
/s/_________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE
Exhibit A
| Case Name | Case Number | Remaining Defendants |
|---|---|---|
| Maynard v. C. R. Bard, Inc. et al. | 2:12-cv-05620 | C.R. Bard, Inc., TissueScience Laboratories,Limited, SofradimProduction SAS, BostonScientific Corporation,Analytic BiosurgicalSolutions, MentorCorporation, MentorWorldwide, LLC,Caldera Medical, Inc.,Tyco Healthcare GroupLP, United StatesSurgical Corporation,Covidien, Inc. |
| Millard v. Boston Scientific Corp. | 2:14-cv-28194 | Boston ScientificCorp. |
| Williams v. Boston Scientific Corp. | 2:13-cv-4402 | Boston ScientificCorp. |
| Varney v. Boston Scientific Corp. | 2:14-cv-20518 | Boston ScientificCorp. |