UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS
November 18, 2010
IN RE YASMIN AND YAZ (DROSPIRENONE)) MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION
THIS DOCUMENT RELATES TO:
VAN CUYCK ET AL.
BAYER CORP. ET AL.
The opinion of the court was delivered by: Herndon, Chief Judge
MDL No. 2100
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 Plaintiff Nettie Johnson's claims in the above-captioned matter with prejudice for failure to comply with her Plaintiff Fact Sheet ("PFS") obligations.
On July 8, 2010, Bayer HealthCare Pharmaceuticals Inc. moved to dismiss Plaintiff Nettie Johnson's claims without prejudice for failure to comply with PFS obligations. (Doc. 34). The Court granted the motion on August 23, 2010 (Doc. 50). More than 60 days since the entry of the order of dismissal without prejudice has passed, and Plaintiff has not complied with her PFS obligations. Accordingly, pursuant to Section E of CMO 12, Defendant Bayer HealthCare Pharmaceuticals Inc. requests an Order converting the dismissal without prejudice to a dismissal with prejudice. Having considered the motion and the relevant provisions of CMO 12 the Court ORDERS as follows:
Plaintiff Nettie Johnson has failed to comply with her obligations pursuant to CMO 12 and more than 60 days have passed since the entry of the order of dismissal without prejudice for failure to comply with CMO 12. Accordingly, pursuant to Section E of CMO 12, Plaintiff Nettie Johnson's claims are hereby dismissed with prejudice.
David R. Herndon Chief Judge United States District
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