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

CHARLESTON DIVISION

MELISSA POWELL,

Plaintiff,

v. CIVIL ACTION NO. 2:13-CV-01079

MENTOR WORLDWIDE LLC, et al.,

Defendants.

MEMORANDUM OPINION AND ORDER

Pending is a Motion to Dismiss Pursuant to FRCP Rule 37, filed August 13, 2018. [ECF No. 25]. In the Motion, defendants, Coloplast Corp. and Mentor Worldwide, LLC, move to dismiss plaintiff’s claims against them with prejudice for failure to serve and file a plaintiff fact sheet. Plaintiff has not responded. The court finds, pursuant to Rules 16 and 37 of the Federal Rules of Civil Procedure and after weighing the factors identified in Wilson v. Volkswagen of Am., Inc.,

(4th Cir. 1977), the plaintiff’s claims against these defendants should be dismissed without prejudice for failure to produce a completed plaintiff fact sheet in compliance with the court’s previous pretrial order. Therefore, the court ORDERS that the Motion to Dismiss [ECF No. 25] is GRANTED in part to the extent defendants seeks dismissal and DENIED insofar as defendants seeks dismissal with prejudice. The court ORDERS that the defendants cited above are dismissal without prejudice. No additional defendants remain, and the Clerk is DIRECTED to dismiss and strike the case from the active docket. The court further DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: March 15, 2019

JOSEP . GOODW pe STATES om JUDGE