Opinion
MDL 2327
08-14-2020
IN RE: ETHICON, INC. PELVIC REPAIR SYSTEMS PRODUCTS LIABILITY LITIGATION
THIS DOCUMENT RELATES TO CASES IDENTIFIED ON EXHIBIT A
MEMORANDUM OPINION AND ORDER
On July 14, 2020, I entered an order directing plaintiffs on Exhibit A to show cause in their individual cases on or before August 13, 2020, why their individual cases should not be dismissed as to defendants, Ethicon, Inc., Ethicon, LLC and/or Johnson & Johnson 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, and the court ORDERS that the named defendants in each case, Ethicon, Inc. and Johnson & Johnson, 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 address.
ENTER: August 14, 2020
/s/_________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE
EXHIBIT A
| Case No. | Last Name | First Name | |
|---|---|---|---|
| 1 | 2:16-cv-08000 | Fischer | Roberta Patricia |
| 2 | 2:13-cv-31447 | Galloway | Tanya M. |
| 3 | 2:17-cv-00881 | Harris | Judy A. |
| 4 | 2:15-cv-07870 | Jones | Terry Ann |