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Mendoza v. Ethicon, Inc.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION
Nov 23, 2020
Civil Action Number 2:13-v-31570 (S.D.W. Va. Nov. 23, 2020)

Opinion

Civil Action Number 2:13-v-31570

11-23-2020

Maricela Mendoza, et al., Plaintiffs, v. Ethicon, Inc., et al., Defendants.


MEMORANDUM OPINION AND ORDER

On October 21, 2020, I entered an order directing plaintiffs to show cause on or before November 20, 2020, why their case should not be dismissed as to the remaining defendants, Ethicon, Inc. and 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 at their last known address and posted on the court's website.

Plaintiffs 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 failed to prosecute their case. The court ORDERS that the above defendants are dismissed without prejudice. There are no remaining defendants in this case and, therefor, the court further ORDERS that the case is 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 plaintiffs at their address.

ENTER: November 23, 2020

/s/_________

JOSEPH R. GOODWIN

UNITED STATES DISTRICT JUDGE


Summaries of

Mendoza v. Ethicon, Inc.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION
Nov 23, 2020
Civil Action Number 2:13-v-31570 (S.D.W. Va. Nov. 23, 2020)
Case details for

Mendoza v. Ethicon, Inc.

Case Details

Full title:Maricela Mendoza, et al., Plaintiffs, v. Ethicon, Inc., et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION

Date published: Nov 23, 2020

Citations

Civil Action Number 2:13-v-31570 (S.D.W. Va. Nov. 23, 2020)