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

CHARLESTON DIVISION

IN RE: AMERICAN MEDICAL SYSTEMS, INC. PELVIC REPAIR SYSTEM PRODUCTS MDL No. 2325 LIABILITY LITIGATION MEMORANDUM OPINION AND ORDER

Pending is a Motion to Dismiss Plaintiff Regina Gardner’s Complaint with Prejudice for Failure to Comply with Pre-Trial Order # 267, filed by defendant American Medical Systems, Inc. (“AMS”) on December 7, 2018. [ECF No. 13]. AMS cites to plaintiff’s failure to timely serve a Plaintiff Fact Sheet (“PFS”) in violation of AMS Pretrial Order # 267. Plaintiff has not responded to the motion. There are additional motions to dismiss and for summary judgment filed by AMS related to plaintiff’s alleged failures to prosecute her case [ECF Nos. 16, 18], to which plaintiff has not responded.1 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 in compliance with the court’s previous order. Therefore, the court ORDERS that the Motion to Dismiss filed by AMS [ECF No. 13] is GRANTED in part to the extent AMS seeks dismissal and DENIED insofar

1 The court is aware of plaintiff’s counsel’s desire to withdraw as counsel. [ECF No. 10, 11]. as AMS 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: September 30, 2019 G 6A ee STATES DISTRICT JUDGE