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

CHARLESTON DIVISION

IN RE: COLOPLAST CORP. PELVIC SUPPORT SYSTEMS PRODUCTS LIABILITY LITIGATION MDL 2387 MEMORANDUM OPINION AND ORDER

Pending is Defendant Coloplast Corp.’s (“Coloplast”) and Defendant Mentor Worldwide LLC’s (“Mentor”) Motion to Dismiss with Prejudice, filed on March 26, 2019. [ECF No. 17]. Coloplast and Mentor cite to plaintiffs’ failure to timely serve a Plaintiff Fact Sheet (“PFS”) and expert disclosures in violation of Coloplast Pretrial Order # 142. Plaintiffs have 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 this case should be dismissed without prejudice for failure to provide a PFS and expert disclosures in compliance with the court’s previous order. Therefore, the court ORDERS that the Motion to Dismiss with Prejudice filed by Coloplast and Mentor [ECF No. 17] is GRANTED in part to the extent Coloplast and Mentor seek dismissal and DENIED insofar as Coloplast and Mentor seek 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: September 4, 2019

JOSEP . GOODW pe STATES a JUDGE