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In Re: Yasmin and Yaz (Drospirenone)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


December 28, 2010

IN RE: YASMIN AND YAZ (DROSPIRENONE) MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION

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

This Document Relates to:

Jennifer Dzik v. Bayer Corp. et al.

No. 3:10-cv-20389-DRH-PMF

Quishaun Mobley-Jones v. Bayer HealthCare Pharms. Inc. et al.

No. 3:10-cv-10737-DRH-PMF

Jacqueline Page v. Bayer HealthCare Pharms. Inc. et al.

No. 3:10-cv-10728-DRH-PMF

Annelise Simonson v. Bayer HealthCare Pharms. Inc. et al.

No. 3:10-cv-11068-DRH-PMF

Megan Stewart v. Bayer Corp. et al.

No. 3:10-cv-20390-DRH-PMF

ORDER

This matter is before the Court on Defendant Bayer HealthCare Pharmaceuticals Inc.'s ("Bayer") 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 contends that the Plaintiffs in the above-captioned matters have not served substantially complete PFSs and are therefore delinquent pursuant to CMO 12.

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.

Bayer's motions to dismiss the above captioned cases were filed on December 8, 2010. To date, only one Plaintiff in the above captioned actions has filed a response to Bayer's allegations.*fn2 On December 28, 2010, Plaintiff Jennifer Dzik (3:10-cv-20389) filed a responsive pleading stating that on December 15, 2010 a completed Plaintiff Fact Sheet was mailed to Bayer (3:10-cv- 20389 Doc. 14). The Plaintiffs in the remaining four member actions have failed to respond to Bayer's allegations. Accordingly, the Court Orders as follows:

1. Bayer's motion to dismiss filed in Jennifer Dzik v. Bayer Corp. et al. No. 3:10-cv-20389 is Denied.

2. The following member actions are Dismissed without prejudice for failure to comply with PFS obligations:

Quishaun Mobley-Jones v. Bayer HealthCare Pharms. Inc. et al. No. 3:10-cv-10737-DRH-PMF

Jacqueline Page v. Bayer HealthCare Pharms. Inc. et al. No. 3:10-cv-10728-DRH-PMF

Annelise Simonson v. Bayer HealthCare Pharms. Inc. et al. No. 3:10-cv-11068-DRH-PMF

Megan Stewart v. Bayer Corp. et al. No. 3:10-cv-20390-DRH-PMF

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

David R. Herndon Chief Judge United States District Court


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