IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISIO PATRICIA COMBS, Plaintiff, v. CIVIL ACTION NO. 2:14-cv-12837 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]. Defendant Boston Scientific Corporation (“BSC”) seeks dismissal of plaintiff’s case with prejudice based on her failure to file a Plaintiff Fact Sheet pursuant to Pretrial Order Number 202. 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 failure to serve a Plaintiff Fact Sheet in compliance with the court’s previous pretrial order. 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: December 6, 2019 G ee STATES D{STRICT JUDGE