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

DERETHA MAE OMIOTEK, Plaintiff, v. CIVIL ACTION NO. 2:13-cv-30669 ETHICON, INC., et al., Defendants. MEMORANADUM OPINION AND ORDER On November 2, 2020, I entered an order directing plaintiff to show cause on or before December 2, 2020, why her case should not be dismissed as to Ethicon, Inc. and Johnson & Johnson for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 41.1 of the Local Rules of Civil Procedure. Plaintiff has not responded to the Shown Cause Order. The court ORDERS, 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,

(4th Cir. 1989), that defendants, Ethicon, Inc. and Johnson & Johnson, are 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. ENTER Décember 3, 2020 Np JOSEPH &. GOODW /AUNITED STATES DISTRICT JUDGE