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 ‘Susan Larson v. Covidien ple, etal =——<Cits—‘C;*‘SR WCC dOBIS MEMORANDUM OPINION AND ORDER Pending is Defendants’ Motion to Dismiss, filed on August 20, 2019, by the remaining defendants in this case: Covidien ple, Covidien LLC, Covidien, Inc., and Sofradim Corp. [ECF No. 22]. These defendants cite to plaintiffs failure to timely serve a Plaintiff Fact Sheet (“PFS”) and expert disclosure 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 and expert disclosures in compliance with the court’s previous orders. Therefore, the court ORDERS that Defendants’ Motion to Dismiss [ECF No. 22] is GRANTED in part to the extent these defendants seek dismissal and DENIED insofar as these defendants 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: eptember 12, 2019 Me Ce 6S