Shock v. C. R. Bard, Inc.

District Court, S.D. West Virginia

Shock v. C. R. Bard, Inc.

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION Barbara Heckert Shock, Plaintiff v. Civil Action Number 2:13-cv-05373 Boston Scientific Corporation, Defendant. MEMORANDUM OPINION AND ORDER On June 23, 2020, I entered an order directing plaintiff to show cause in her individual case on or before July 23, 2020, why her case should not be dismissed as to defendant Boston Scientific Corporation (“BSC”) pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 41.1 of the Local Rules of Civil Procedure. [ECF No. 37]. The Order was sent to the plaintiff at her last known address and posted on the court’s website. Plaintiff failed to respond to the Show Cause Order. Pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 41.1 of the Local Rules of Civil Procedure and after weighing the factors identified in Ballard v. Carlson,

882 F.2d 93, 95

(4th Cir. 1989), the court finds that the plaintiff has failed to prosecute her cases. The court ORDERS that BSC is dismissed without prejudice. There are no remaining defendants in this case and therefor, the court further ORDERS that the case is DISMISSED and STRICKEN from the court’s active docket. Any pending motions are DENIED as moot. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and plaintiff at her address. ENTER+August 13, 2020

Reference

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