IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

CHARLESTON DIVISION

IN RE: AMERICAN MEDICAL SYSTEMS, INC. PELVIC SUPPORT SYSTEMS PRODUCTS LIABILITY LITIGATION MDL 2325

THIS DOCUMENT RELATES TO THE CASES LISTED ON EXHIBIT A

MEMORANDUM OPINION AND ORDER

Pending in the cases listed on Exhibit A attached hereto are motions to dismiss American Medical Systems, Inc. (“AMS”) with prejudice for plaintiffs’ failure to serve Plaintiff Fact Sheets pursuant to deadlines and requirements established by the court’s previous pretrial order. No plaintiff on Exhibit A has responded to AMS’s motion filed in each individual case. The court finds, pursuant to Rules 16 and 37 of the Federal Rules of Civil Procedure and after weighing the factors identified in ,

(4th Cir. 1977), the cases on Exhibit A should be dismissed without prejudice for failure to serve Plaintiff Fact Sheets in compliance with the court’s previous pretrial order. Therefore, the court ORDERS that the motions to dismiss pending in the cases on Exhibit A are GRANTED in part to the extent AMS seeks dismissal and DENIED insofar as AMS seeks dismissal with prejudice. The court ORDERS that the cases on Exhibit A are dismissed without prejudice and stricken from the court’s docket. The court DIRECTS the Clerk to file this order in each individual case on Exhibit A and send a copy of this order to counsel of record and any unrepresented party in each case on Exhibit A. ENTER: February 7, 2019

JOSEP . GOODW ee STATES om JUDGE

2:13-cv-11249 Eklund et al v. American Medical Systems, Inc. et al 13 2:13-cv-26168 Sanders et al v. American Medical Systems, Inc 11 2:12-cv-05771 LaRosa et al v. American Medical Systems, Inc. 14 2:18-cv-00277 Dubrava v. American Medical Systems, Inc. 6