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In re Yasmin and Yaz Marketing

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


September 20, 2010

IN RE YASMIN AND YAZ (DROSPIRENONE)) MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION
THIS DOCUMENT RELATES TO: ASHLEY ADAMS
v.
BAYER CORP. ET AL. NO. 3:10-CV-10161-DRH-PMF
LAUREN BAKER V. BAYER CORP. ET AL. NO. 3:10-CV-10107-DRH-PMF
ALEXIS CALLAWAY V. BAYER CORP. ET AL. NO. 3:10-CV-10051-DRH-PMF
ANDREA FOX V. BAYER CORP. ET AL. NO. 3:10-CV-10363-DRH-PMF
NAKEDA GUYDEN V. BAYER CORP. ET AL. NO. 3:10-CV-10435-DRH-PMF
PAULA LEE V. BAYER CORP. ET AL. NO. 3:10-CV-10364-DRH-PMF
CINDY OSORIO V. BAYER CORP. ET AL. NO. 3:09-CV-20065-DRH-PMF
PHYLICIA RAMSEY V. BAYER CORP. ET AL. NO. 3:10-CV-10245-DRH-PMF
PAULA RICHARDSON V. BAYER CORP. ET AL. NO. 3:09-CV-10220-DRH-PMF

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

MDL No. 2100

ORDER

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.*fn1

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 served upon Defendants and Defendants 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:

* Paula Lee v. Bayer Corporation et al 3:10-cv-10364-DRH-PMF (Doc. 14)

* Nakeda Guyden v. Bayer Corporation et al 3:10-cv-10435-DRHPMF (Doc.14)

* Andrea Fox v. Bayer Corp. et al. No. 3:10-cv-10363-DRH-PMF (Doc. 6)

Plaintiffs in the following member actions have failed to file the requisite the pleadings and paperwork in the time allotted under CMO 12 (pursuant to CMO 12 Plaintiffs had 14 days from the date of Defendants' motion to file a response in accord with the requirements set forth in CMO 12)*fn2

* Ashley Adams v. Bayer Corp. et al. No. 3:10-cv-10161-DRH-PMF

* Lauren Baker v. Bayer Corp. et al. No. 3:10-cv-10107-DRH-PMF

* Alexis Callaway v. Bayer Corp. et al. No. 3:10-cv-10051-DRH-PMF

* Cindy Osorio v. Bayer Corp. et al. No. 3:09-cv-20065-DRH-PMF

* Phylicia Ramsey v. Bayer Corp. et al. No. 3:10-cv-10245-DRH-PMF

* Paula Richardson v. Bayer Corp. et al. No. 3:09-cv-10220-DRH-PMF

Accordingly, the Court hereby Orders as follows:

The Following Member Actions are dismissed without prejudice for failure to comply with the requirements of CMO 12:

* Ashley Adams v. Bayer Corp. et al. No. 3:10-cv-10161-DRH-PMF

* Lauren Baker v. Bayer Corp. et al. No. 3:10-cv-10107-DRH-PMF

* Alexis Callaway v. Bayer Corp. et al. No. 3:10-cv-10051-DRH-PMF

* Cindy Osorio v. Bayer Corp. et al. No. 3:09-cv-20065-DRH-PMF

* Phylicia Ramsey v. Bayer Corp. et al. No. 3:10-cv-10245-DRH-PMF

* Paula Richardson v. Bayer Corp. et al. No. 3:09-cv-10220-DRH-PMF

With respect to Defendants' motion to dismiss member actions

* Paula Lee v. Bayer Corporation et al 3:10-cv-10364-DRH-PMF and

* Nakeda Guyden v. Bayer Corporation et al 3:10-cv-10435-DRH-PMF

* Andrea Fox v. Bayer Corp. et al. No. 3:10-cv-10363-DRH-PMF

Defendant's motion is DENIED as MOOT.

SO ORDERED

David R Herndon Chief Judge United States District Court


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