The opinion of the court was delivered by: Herndon, Chief Judge
This matter is before the Court on Defendant Bayer HealthCare Pharmaceuticals Inc.'s motion, pursuant to Case Management Order 12 ("CMO 12"), for an Order dismissing Plaintiffs' claims in the above-captioned matters without prejudice for failure to comply with their Plaintiff Fact Sheet ("PFS") obligations.*fn3
Under Section E of CMO 12, Plaintiffs were given 14 days from the date of Defendant's motion to file a response either certifying that they had served upon Defendants and Defendants have received a completed PFS, and attaching appropriate documentation of receipt or an opposition to Defendant's motion. Plaintiffs in the following member actions timely filed a response that complies with the requirements of CMO 12 Section E:
* Katherine Anderson et al. v. Bayer Corp. et al. No. 3:10-cv-20168-DRH-PMF
* Tamera Jirbi v. Bayer Corp. et al. No. 3:09-cv-20005-DRH-PMF
* Bridget Tanner v. Bayer Corp. et al. No. 3:09-cv-20002-DRH-PMF
* Kristin Van Cuyck et al. v. Bayer Corp. et al. No. 3:10-cv-20004-DRHPMF
Accordingly, with respect to these member actions (3:10-cv-20168; 3:09-cv- 20005; 3:09-cv-20002; 3:10-cv-20004), Defendant's motion is denied as moot.
Plaintiffs in (1) Hannah Nall v. Bayer Corp. et al. No. 3:10-cv-10023- DRH-PMF and (2) Cathy Walton v. Bayer Corp. et al. No. 3:09-cv-10217-DRH-PMF have failed to timely comply with the requirements of CMO 12. Accordingly,
Defendant's motion to dismiss pursuant to CMO 12 in member action 3:10-cv- 10023 and 3;09-cv-10217 are dismissed without prejudice.*fn4
The Court hereby Orders as follows:
Defendant's motion to dismiss is granted in part and denied in part. With respect to member actions 3:10-cv-20168, 3:09-cv-20005, 3:09-cv-20002, and 3:10- cv-20004 Defendant's motion is denied as moot. With respect to member actions 3:10-cv-10023 and 3:09-cv-10217 Defendant's motion is granted; member 3:10-cv-10023 and 3:09-cv-10217 ...