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In re Yasmin and Yaz Marketing

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


July 20, 2010

IN RE YASMIN AND YAZ (DROSPIRENONE) MARKETING, SALES PRACTICES AND RELEVANT PRODUCTS LIABILITY LITIGATION
THIS DOCUMENT RELATES TO: JENNIFER A. FRY, PLAINTIFF
v.
BAYER HEALTHCARE PHARMACEUTICALS ET AL DEFENDANTS

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

MDL No. 2100

ORDER

This matter is before the Court on Plaintiff's motion for leave to file her first amended complaint to include additional defendants who were involved in the distribution, marketing, manufacture, design and labeling of Ocella, the generic form of Yasmin. (Doc. 37). Plaintiff states that she was hospitalized for deep vein thrombosis on or about November 28, 2008 and that the amendment sought is within the applicable statute of limitations.

Id. Plaintiff also seeks leave to simultaneously add Bayer Schering Pharma AG as a defendant in accord with Case Management Order Number 17 (Doc. 1166). Having considered Plaintiff's motion the Court finds as follows:

Plaintiff's motion to file her first amended complaint is GRANTED. Plaintiff may file an amended complaint adding the entities associated with Ocella. In addition, Plaintiff may simultaneously amend her complaint to add Bayer Schering Pharma AG in accord with Case Management Order Number 17 (Doc. 1166).*fn1

Further,the Court DIRECTS the Plaintiff to file the amended complaint instanter and to do the following:

* On the first page of the amended complaint, (1) state that the complaint is being amended pursuant to this Order and pursuant to Case Management Order Number 17 (Doc. 1166); (2) identify all paragraphs added, deleted, or changed from the previous complaint. This paragraph shall not be delineated by number and shall not be considered an allegation or part of the pleading.

* Comply with the applicable provisions of Case Management Order Number 17, including the service of process requirements outlined in paragraph D of Order Number 17.

* Underline the new material in the amended pleading as required by local rule 15.1.

SO ORDERED

David R Herndon Chief Judge United States District Court


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