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In re Yasmin and Yaz Marketing

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


June 4, 2010

IN RE YASMIN AND YAZ (DROSPIRENONE) MARKETING, SALES PRACTICES AND RELEVANT PRODUCTS LIABILITY LITIGATION
THIS DOCUMENT RELATES TO: RINDY ANDREWS, PLAINTIFF
v.
BAYER CORPORATION ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge David R. Herndon

MDL No. 2100

This matter is before the Court on Plaintiff's Motion to Remand to State Court (3:10-cv-20241 Doc. 30). In light of the principles set forth in this Court's Order denying Plaintiff's motion to remand in Jankins v. Bayer Corp. (3:10-cv-20095 Doc. 52), Bayer Corporation, Bayer HealthCare Pharmaceuticals Inc., and Bayer HealthCare LLC (the "Bayer Defendants") filed a Response to Plaintiff's Motion consenting to remand this action to state court (3:10-cv-20241 Doc. 32). Upon consideration of Plaintiff's Motion and the Bayer Defendants response consenting thereto, the Court ORDERS as follows:

Plaintiff's Motion to Remand to State Court is GRANTED.

Accordingly, the Clerk is instructed to REMAND this case back to the Superior Court of the State of California, Santa Barbara County, pursuant to 28 U.S.C. § 1447(c). Lastly, the Court will not award attorneys' fees and costs associated with Plaintiff's Motion to Remand. Plaintiff's memorandum fails to address the issue and the Court finds the matter waived.

SO ORDERED:

David R Herndon Chief Judge United States District Court

20100604

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