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

JUDY A. BELK, et al., Plaintiffs, v. CIVIL ACTION NO. 2:12-cv-09147 AMERICAN MEDICAL SYSTEMS HOLDINGS, INC., Defendant. MEMORANADUM OPINION AND ORDER On March 3, 2020, I entered an order directing plaintiffs to show cause on or before April 3, 2020, why their case should not be dismissed as to American Medical Systems, Inc., for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 4.1 of the Local Rules of Civil Procedure. Plaintiffs have not responded to the Shown Cause Order. The court ORDERS, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 4.1 of the Local Rules of Civil Procedure and after weighing the factors identified in Ballard v. Carlson,

(4th Cir. 1989), that defendant, American Medical Systems, Inc., is dismissed without prejudice. No defendants remain, and the court DIRECTS the Clerk to dismiss the case and strike it from the active docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. CZ, 6, 2020

pe