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

CHARLESTON DIVISION

IN RE: BOSTON SCIENTIFIC CORP. PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION MDL NO. 2326

THIS DOCUMENT RELATES TO ALL CASES ON EXHIBIT A

MEMORANDUM OPINION AND ORDER

Pending in each case identified in Exhibit A attached, at the ECF No. identified in the exhibit, is Defendant Boston Scientific Corporation’s Motion to Dismiss with Prejudice. Defendant Boston Scientific Corporation (“BSC”) seeks dismissal of plaintiffs’ cases with prejudice based on her failure to file a Plaintiff Fact Sheet pursuant to the requirements of Pretrial Order # 208, In re: Boston Scientific Corp., 2:12-md-2326 [MDL No. 2326, ECF No. 8025]. 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 Wilson v. Volkswagen of Am., Inc.,

(4th Cir. 1977), that BSC should be dismissed without prejudice from the cases listed on Exhibit A for failure to serve a Plaintiff Fact Sheet in compliance with the court’s previous pretrial order. Therefore, the court ORDERS that the motions to dismiss are 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 these cases are STRICKEN from the court’s docket. The court DIRECTS the Clerk to file a copy of this Order in each case listed in Exhibit A and to send a copy of this Order to counsel of record and any unrepresented party. ENTER: December 10, 2019

G 6M pe STATES DISTRICT JUDGE

ECF No. of Civil Action No. Case Style Motion 2:13-cv-12004 Ruiz v. Boston Scientific Corporation 13 2:13-cv-13632 Vanderway v. Boston Scientific Corporation 13 2:14-cv-09165 Pullen v. Boston Scientific Corporation 12 2:14-cv-24166 Harris et al v. Boston Scientific Corporation 13 2:15-cv-01104 Garner et al v. Boston Scientific Corporation 16 2:15-cv-16239 Briceno et al v. Boston Scientific Corporation 20 2:16-cv-02203 Mendoza et al v. Boston Scientific Corporation 20 2:16-cv-07106 Mead v. Boston Scientific Corporation 17