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

CHARLESTON DIVISION

SHERRI LYNN LEE, et al.,

Plaintiffs,

v. CIVIL ACTION NO. 2:14-CV-20058

COLOPLAST CORP.,

Defendant.

MEMORANDUM OPINION AND ORDER

Pending is Defendant Coloplast Corp.’s (“Coloplast”) Motion to Dismiss with Prejudice, filed November 19, 2018. [ECF No. 12]. In the Motion, defendant Coloplast moves to dismiss plaintiffs’ claims against it with prejudice for failure to serve a plaintiff fact sheet. Plaintiffs have 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 plaintiffs’ claims against Coloplast should be dismissed without prejudice for failure to serve 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. 12] is GRANTED in part to the extent Coloplast seeks dismissal and DENIED insofar as Coloplast seeks dismissal with prejudice. The court ORDERS that Coloplast is dismissed 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 18, 2019

JOSEP . GOODW pe STATES om JUDGE