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In re Yaz

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


August 23, 2010

IN RE YASMIN AND YAZ (DROSPIRENONE MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION
THIS DOCUMENT RELATES TO:
KRISTIN VAN CUYCK ET AL.
v.
BAYER CORP. ET AL.

The opinion of the court was delivered by: Herndon, Chief Judge

MDL No. 2100

ORDER

This matter is before the Court on a motion previously filed by Defendant Bayer HealthCare Pharmaceuticals Inc., pursuant to Case Management Order 12 ("CMO 12"), for an Order dismissing certain member actions without prejudice for failure to comply with Plaintiff Fact Sheet ("PFS") obligations (Doc. 34).*fn1 In July 2010, Defendant filed a group motion to dismiss involving siX member actions where one or more Plaintiffs had failed to comply with the PFS obligations. That motion noted that five Plaintiffs (Kathleen Belt, Heather Crawford, Nettie Johnson, Anne Lewis, and Rhiannon Veenis) in the above multi- plaintiff member action had failed to timely comply with the PFS obligations and accordingly, Defendant sought dismissal of the non-compliant Plaintiffs' actions (Doc. 34). On August 12, 2010 the Court entered an Order denying Defendant's motion as moot on the grounds that the non-compliant Plaintiffs in this member action complied with the PFS obligations on July 21, 2010 (as permitted by CMO 12) (Doc. 49). Upon further review, the Court finds that its decision was partially in error. Only four of the five non-compliant Plaintiffs in the above member action complied with the PFS obligations on July 21, 2010 (See Docs. 45, 46, 47, 48). To date, Plaintiff Nettie Johnson has not complied with the PFS obligations. Accordingly, the Court hereby amends its Order as follows:

With respect to Plaintiff Nettie Johnson, member action 3:10-cv- 20004, Defendant's motion is granted; Plaintiff Nettie Johnson's action is hereby dismissed without prejudice for failure to comply with the provisions of CMO 12.

SO ORDERED

DavidRHerndon Chief Judge United States District Court


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