Savov v. Boston Scientific Corporation

District Court, S.D. West Virginia

Savov v. Boston Scientific Corporation

Trial Court Opinion

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 THE CASES LISTED ON EXHIBITA MEMORANDUM OPINION AND ORDER Pending in the cases listed on Exhibit A attached hereto are motions to dismiss Boston Scientific Corp. (“BSC”) with prejudice for plaintiffs’ failure to serve Plaintiff Fact Sheets pursuant to deadlines and requirements established by the court’s previous pretrial order. No plaintiff on Exhibit A has responded to BSC’s motion filed in each individual case. 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.,

561 F.2d 494, 503-06

(4th Cir. 1977), the cases on Exhibit A should be dismissed without prejudice for failure to serve Plaintiff Fact Sheets in compliance with the court’s previous pretrial order. Therefore, the court ORDERS that the motions to dismiss pending in the cases on Exhibit A are GRANTED in part to the extent BSC seeks dismissal and DENIED insofar as BSC seeks dismissal with prejudice. The court ORDERS that the cases on Exhibit A are 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 and any unrepresented party. ENTER: January 21, 2020 NZ Lo.

EXHIBIT A

ECF No. Civil Action No. Case Style of Motion 1 2:12-cv-05164 Rainey et al v. Boston Scientific Corporation 63 2 2:13-cv-00103 Longo et al v. Boston Scientific Corporation 16 3 2:13-cv-16436 Savov et al v. Boston Scientific Corporation 25 4 2:13-cv-18881 Garcia et al v. Boston Scientific Corporation 23 5 2:13-cv-21284 Roth v. Boston Scientific Corporation 11 6 2:13-cv-29356 Moore et al v. Boston Scientific Corporation 19 7 2:13-cv-30250 Moss et al v. Boston Scientific Corporation 19 8 2:15-cv-07583 Edmondson et al v. Boston Scientific Corporation 25 9 2:15-cv-13135 Brosie et al v. Boston Scientific Corporation 17 10 2:17-cv-03031 High v. Boston Scientific Corporation 14

Reference

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