AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

IN RE: AMERICAN MEDICAL SYSTEMS, INC. PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION

JOSEPH R. GOODWIN UNITED STATES DISTRICT JUDGE

THIS DOCUMENT RELATES TO THE CASES LISTED ON EXHIBIT A MEMORANDUM OPINION AND ORDER

The cases identified on Exhibit A attached hereto involve plaintiffs who failed to appear at a Mandatory Status Conference or adequately show cause as to why their case should not be dismissed as ordered in MDL 2:12-md-2325 and in each individual case on Exhibit A. See 2:12-md-2325, Pretrial Order ("PTO") # 268. On October 17, 2018, the court entered an Order in the main MDL and each case on Exhibit A directing certain plaintiffs who have alleged claims against American Medical Systems, Inc. or Astora Women's Health, LLC (collectively "AMS") to appear in person at the Robert C. Byrd United States Courthouse for a Mandatory Status Conference scheduled on December 5-7, 2018 See PTO # 265.

The plaintiffs on Exhibit A neither appeared at the Mandatory Status Conference nor adequately showed cause as to why their case should not be dismissed in response to this court's AMS Show Cause Order entered on December 11, 2018 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 with prejudice for failure to attend the court's Mandatory Status Conference and to adequately show cause as to why their case should not be dismissed, as ordered in the court's Show Cause Order.

Therefore, the court ORDERS that the pending cases listed on Exhibit A are DISMISSED WITH 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 in every case on Exhibit A.

ENTER: April 1, 2019

/s/_________


JOSEPH R. GOODWIN


UNITED STATES DISTRICT JUDGE

EXHIBIT A


Case Number

Case Name

2:13-cv-21175

Ybarra v. American Medical Systems, Inc.

2:13-cv-15664

Whatley v. American Medical Systems, Inc.

Use AI to get other relevant cases.

Comments

In re Am. Med. Sys., Inc. Pelvic Repair Sys. Prods. Liab. Litig.
(Apr 1, 2019)