UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS
October 29, 2010
IN RE YASMIN AND YAZ (DROSPIRENONE) MARKETING, SALES PRACTICES AND RELEVANT PRODUCTS LIABILITY LITIGATION
THIS DOCUMENT RELATES TO: KATHLEEN WOODS
BAYER CORP. ET AL. NO. 3:09-CV-10196-DRH-PMF
The opinion of the court was delivered by: Herndon, Chief Judge
MDL No. 2100
This matter comes before the Court on Bayer HealthCare Pharmaceuticals Inc.'s ("Bayer HealthCare") motion, pursuant to Case Management Order 12 ("CMO 12"), for an Order dismissing Plaintiff's case without prejudice for failure to comply with Plaintiff Fact Sheet obligations (Doc. 27). Pursuant to Section C of CMO 12, Plaintiff was required to timely serve Defendants with a substantially complete Plaintiff Fact Sheet. Plaintiff did not meet the deadline for serving the Defendants with her Plaintiff Fact Sheet and as a result Bayer filed a motion to dismiss on September 17, 2010 (Doc. 27).
Because Plaintiff was not represented by counsel,*fn1 the Court issued an Order on September 23, 2010 to ensure that Plaintiff was aware of her obligations with regard to the Plaintiff Fact Sheet and the consequences for failing to timely comply with the Plaintiff Fact Sheet Obligations (Doc. 28). That Order informed Plaintiff that if she did not act within 14 days of the date of the Order her claims would be dismissed without prejudice (Doc. 28).
To date, Plaintiff has failed to comply with her obligations pursuant to CMO 12. Accordingly, the Court hereby ORDERS as follows:
Bayer HealthCare's motion to dismiss without prejudice pursuant to CMO 12 is GRANTED.
Further, the Court reminds Plaintiff that, pursuant to CMO 12 Section E, unless Plaintiff serves Bayer HealthCare with a completed PFS or moves 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. A dismissal without prejudice means that Plaintiff can comply with the requirement to send a completed fact sheet, along with the documents that are required (which is explained in easy to understand terms in CMO 12 and on the fact sheet) and, then ask the Court, in writing, to vacate the dismissal, explaining what she did to comply with the CMO 12. If she does none of that within 60 days and the Plaintiff's case is dismissed with prejudice, it means that Plaintiff cannot sue the defendants for the issues and injuries that were pled in her complaint at any time in the future.