UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS
January 10, 2011
IN RE YASMIN AND YAZ (DROSPIRENONE) MARKETING, SALES PRACTICES AND RELEVANT PRODUCTS LIABILITY
The opinion of the court was delivered by: David R. Herndon Judge
This Document Relates to:
Leta Gardnerv.Bayer Corp. et al.
No. 3:10- cv-10034-DRH-PMF
Leslee Delk v. Bayer Corp. et al.
No. 3:09-cv- 10136-DRH-PMF
Melani Holliday v. Bayer Corp. et al.
Megan Stewart v. Bayer Corp. et al.
HERNDON, Chief Judge:
Plaintiffs in the above captioned matters have filed motions to vacate the order of dismissal entered on September 21, 2010 (Gardner, Doc. 22; Delk Doc. 33; Holiday Doc. 21; Stewart Doc. 17 ) for failure to comply with the Plaintiff Fact Sheet Requirements found in Case Management Order Number 12.
Plaintiffs state that they are in compliance with the relevant Plaintiff Fact Sheet Requirements.1 Bayer is not opposed to Plaintiffs' motions (Gardner, Doc. 23; Delk Doc. 34; Holiday Doc. 22; Stewart Doc. 18). Accordingly, the Court hereby VACATES the Order dismissing without prejudice the above captioned actions and thereby REINSTATES the above captioned cases.
David R. Herndon 2011.01.10 17:45:19 -06'00'
Chief Judge United States District
1 Plaintiff Stewart notes that the Court's docket stated that Plaintiff had until January 11, 2011 to respond to the Bayer Defendant's motion to dismiss. Pursuant to CMO 12, however, the deadline was 14 days from the filing of the motion to dismiss (14 days from December 8, 2010). The Court has previously noted in orders in this MDL and during a status conference in this MDL that when deadlines provided by CM/ECF conflict with orders of this Court, the Court ordered deadline will always control. The deadlines provided by CM/ECF are generated automatically based on the generic responsive pleading times allowed under the rules and do not consider special circumstances (such as court orders specific to a particular case or issue). Accordingly, the "filer is responsible for calculating the response time under the federal and/or local rules. The date generated by CM/ECF is a guideline only, and, if the Court has ordered the response to be filed on a date certain, the Court's order governs the response deadline." United States District Court for the Southern District of Illinois, Electronic Filing Rules, Rule 3. .
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