Opinion
Case No. 2:03CV00895 TS.
June 21, 2004
John A. Anderson (#4464), David J. Williams (#9186), STOEL RIVES LLP, Salt Lake City, Utah, Attorneys for Defendant, SmithKline Beecham Corporation, d/b/a Glaxo SmithKline.
ORDER GRANTING MOTION TO DISMISS
This matter comes before the Court on Defendant SmithKline Beecham Corporation's Motion to Dismiss (the "Motion") filed on March 22, 2004. Plaintiffs did not oppose the Motion and on April 14, 2004, Defendant filed a Notice to Submit for Decision. On May 29, 2004, this Court issued an Order to Show Cause (the "Order"), directing Plaintiffs to respond in writing within ten (10) days from the date of the Order (i.e., by June 14, 2004) and inform the Court of the status of the case and Plaintiffs' intentions to proceed. The Court warned that failure to comply with the Order would result in dismissal of the case. The Court sent the Order to Plaintiffs' counsel's current law firm and the Court is informed that Plaintiffs' counsel is currently employed at that firm. Nevertheless, Plaintiffs failed to respond to the Order within the time specified in the Order itself.
Therefore, having considered Defendant's unopposed Motion to Dismiss and Plaintiffs' failure to respond to the Order, and finding good cause, the Court hereby GRANTS Defendant's Motion to Dismiss. Accordingly, this action and all claims asserted in Plaintiffs' Complaint are hereby DISMISSED with prejudice. The parties shall bear their own costs.
IT IS SO ORDERED.