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In re Yasmin and Yaz Marketing

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


October 29, 2010

IN RE YASMIN AND YAZ (DROSPIRENONE) MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION
THIS DOCUMENT RELATES TO: O'BIER
v.
BAYER HEALTHCARE PHARMS., INC., ET AL. NO. 3:10-CV-10021-DRH-PMF
POOL
v.
BAYER HEALTHCARE PHARMS., INC., ET AL. NO. 3:09-CV-10204-DRH-PMF
SLOAN
v.
BAYER HEALTHCARE PHARMS., INC., ET AL. NO. 3:10-CV-10121-DRH-PMF
SPENCER
v.
BAYER HEALTHCARE PHARMS., INC., ET AL. NO. 3:10-CV-10111-DRH-PMF
STEPHENS
v.
BAYER HEALTHCARE PHARMS., INC., ET AL. NO. 3:10-CV-10012-DRH-PMF
UNDERWOOD
v.
BAYER HEALTHCARE PHARMS., INC., ET AL. NO. 3:09-CV-10074-DRH-PMF
VIDAURRI
v.
BAYER HEALTHCARE PHARMS., INC., ET AL. NO. 3:10-CV-10008-DRH-PMF
WINGARD
v.
BAYER HEALTHCARE PHARMS., INC., ET AL. NO. 3:10-CV-10100-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 ("Bayer HealthCare") 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 Bayer HealthCare contends that although the Plaintiffs in the above-captioned matters have served PFSs, the PFSs are not substantially complete and are therefore delinquent pursuant to CMO 12.*fn2

Under Section E of CMO 12, Plaintiffs were given 14 days from the date of Defendant's motion, in this case 14 days from October 6, 2010, 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.

To date, none of the Plaintiffs in the above-captioned member actions has filed a response to Bayer HealthCare's motion to dismiss pursuant to CMO 12. Because Plaintiffs have failed to respond, in any way, to Bayer HealthCare's allegations that the submitted PFSs are not substantially complete, the Court finds that Plaintiffs in the above-captioned member actions have failed to comply with the requirements of CMO 12.

Accordingly, the Court hereby Orders as follows:

The above-captioned member actions are dismissed without prejudice for failure to comply with the requirements of CMO 12.

Further, the Court reminds Plaintiffs that, pursuant to CMO 12 Section E, unless Plaintiffs serve Defendants with a completed PFS or move to vacate the dismissal without prejudice within 60 days after entry of this Order, the Order will be converted to a Dismissal With Prejudice upon Defendants' motion.

SO ORDERED


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