UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS
December 10, 2010
IN RE: YASMIN AND YAZ(DROSPIRENONE) MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION
BAYER CORP. ET AL. ALEXIS CALLAWAY
BAYER CORP. ET AL. CINDY OSORIO
BAYER CORP. ET AL. PHYLICIA RAMSEY
BAYER CORP. ET AL. PAULA RICHARDSON
BAYER CORP. ET AL.
The opinion of the court was delivered by: Herndon, Chief Judge:
This Document Relates to:
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 with prejudice for failure to comply with their Plaintiff Fact Sheet ("PFS") obligations.
On August 23, 3020, Bayer HealthCare Pharmaceuticals Inc. moved to dismiss the above-captioned matters without prejudice for failure to comply with PFS obligations (Adams DOC. 15; Callaway DOC. 18; Osorio DOC. 35; Ramsey DOC. 12; Richardson DOC. 19). The Court granted the motion on September 21, 2010 (Adams DOC. 20; Callaway DOC. 19; Osorio DOC. 36; Ramsey DOC. 13; Richardson DOC. 20).
More than 60 days since the entry of the order of dismissal without prejudice has passed, and Plaintiffs have not complied with their 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: Plaintiffs in the above captioned actions have failed to comply with their 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, Plaintiffs complaints are hereby dismissed with prejudice.
Herndon 2010.12.10 06:47:13 -06'00'
Chief Judge United States District
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