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

CHARLESTON DIVISIO

JENELL EKECHUKWU,

Plaintiff,

v. CIVIL ACTION NO. 2:16-cv-07778

BOSTON SCIENTIFIC CORPORATION,

Defendant.

MEMORANDUM OPINION AND ORDER

Pending is Defendant Boston Scientific Corporation’s Motion to Dismiss With Prejudice, filed February 21, 2019. [ECF No. 19]. In the motion, defendant Boston Scientific Corporation (“BSC”) moves the court for an order dismissing plaintiff’s case with prejudice for failure to serve a timely Plaintiff Fact Sheet pursuant to deadlines and requirements established by Pretrial Order Nos. 17 and 328 Plaintiff has not responded to the motion. Plaintiff has not responded to the motion. 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), that BSC should be dismissed without prejudice from this case for plaintiff’s failure to serve a Plaintiff Fact Sheet in compliance with the court’s applicable pretrial orders. Therefore, the court ORDERS that the motion to dismiss (ECF No. 19) is GRANTED in part to the extent BSC seeks dismissal and DENIED insofar as BSC seeks dismissal with prejudice. The court ORDERS that BSC is dismissed without prejudice, and this case is closed and stricken from the court’s docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: July 16, 2019

G CLG pe STATES D{STRICT JUDGE