IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: C.R. BARD, INC. PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION MDL No. 2187 ‘Sallie Booth v. Boston ScientificCorp. = □□□□□□□□□□□□□□□□□□□□□□□ CW O'‘SAQ MEMORANDUM OPINION AND ORDER Pending is Defendants Boston Scientific Corporation’s (“BSC”) Motion to Dismiss with Prejudice, filed on May 20, 2019. [ECF No. 20]. BSC cite to plaintiffs failure to timely serve a Plaintiff Fact Sheet (“PFS”) in violation of the court’s Pretrial Orders. 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 Wilson v. Volkswagen of Am., Inc.,

(4th Cir. 1977), that this case should be dismissed without prejudice for failure to provide a PFS in compliance with the court’s previous orders. Therefore, the court ORDERS that the BSC’s motion to dismiss, [ECF No. 20] is GRANTED in part to the extent the BSC seeks dismissal and DENIED insofar as BSC seeks dismissal with prejudice. The court ORDERS that the case is dismissed without prejudice and stricken from the court’s docket. The court DIRECTS the Clerk to send a copy of this order to counsel of record. ENTER: August 9, 2019

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yom STATES DISTRICT JUDGE