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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION DONA FAY EARNEST, et al., Plaintiffs,

v. BOSTON SCIENTIFIC CORP., et al., Defendants.

CIVIL ACTION NO. 2:12-cv-6521

MEMORANDUM OPINION AND ORDER Pending is Proxy Biomedical, Ltd.'s ("Proxy Ltd.") Motion to Dismiss Plaintiffs' Complaint [Docket 32]. The plaintiffs responded to the Motion [Docket 39] and Proxy Ltd. replied [Docket 43], making the Motion ripe for decision.1 Proxy Ltd. seeks an Order dismissing all of plaintiffs' claims against it for lack of personal jurisdiction and for failure to state a claim upon which relief can be granted. This court FINDS that there is a lack of personal jurisdiction over Proxy Ltd. and GRANTS the Motion to Dismiss Plaintiffs' Complaint as to Proxy Ltd. I. Background The two plaintiffs in this case, Dona Fay Earnest and Jerry W. Earnest, are Alabama residents (Amended Compl., [Docket 2], at

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