UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS
January 14, 2011
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:
Rebecca Cashion v. Bayer Corp. et al.
Nadine Checchia v. Bayer Corp. et al.
Cheryl Dixon v. Bayer HealthCare Pharms. Inc. et al.
Nicole Lewis v. Bayer Corp. et al.
Staci Monk v. Bayer Corp. et al.
Gina Salazar v. Bayer Corp. et al.
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 Bayer with a completed PFS and have not served Bayer with the disclosures and authorizations required by CMO 12.
Under Section E of CMO 12, Plaintiffs were given 14 days from the date of Defendant's motion, in this case 14 days from December 22, 2010, 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.
To date, none of the Plaintiffs in the above-captioned member actions has filed a response to Bayer's motion to dismiss pursuant to CMO 12. Because Plaintiffs have failed to respond, in any way, to Bayer's allegations, the Court finds that Plaintiffs in the above-captioned member actions have failed to comply with the requirements of CMO 12.
Accordingly, the Court hereby Orders as follows: The above-captioned member actions are dismissed without prejudice for failure to comply with the requirements of CMO 12.
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.
David R. Herndon Chief Judge United States District Court
2011.01.14 09:56:07 -06'00'