UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS
February 22, 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:
Rhonda Adair v. Bayer Corp., et al.
Isabel Arenas v. Bayer HealthCare Pharmaceuticals, Inc., et al.
Julie Bellgowan v. Bayer Corp., et al.
Heather Calderwood v. Bayer HealthCare Pharmaceuticals, Inc., et al.
Jasmine Conner v. Bayer HealthCare Pharmaceuticals, Inc., et al.
Brooke Croneberger v. Bayer HealthCare Pharmaceuticals, Inc., et al.
Deborah Flemings v. Bayer Corp., et al.
Bertha Grace v. Bayer Corp., et al.
Angelina Jackson v. Bayer Corp., et al.
Jamila Jones v. Bayer Corp., et al.
Myrna Nunez v. Bayer HealthCare Pharmaceuticals, Inc., et al.
Michelle Ray v. Bayer Corp., et al.
Ashley Robinson v. Bayer Corp., et al.
Amy Sheaffer v. Bayer HealthCare Pharmaceuticals, Inc., et al.
Belinda Sipes v. Bayer Corp., et al.
Ruby Smith v. Bayer Corp., et al.
Laura Thomas v. Bayer Corp., et al.
Caprice White v. Bayer Corp., et al.
Angela Wilhoite v. Bayer Corp., et al.
Kelly Youhas 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 were required to serve a completed PFS on or before November 15, 2010 (see Adair, 3:10-cv-10733,Doc. 5 n. 1, Doc. 5-1 and Doc. 5-2) but have not done so.*fn2
Under Section E of CMO 12, Plaintiffs were given 14 days from the date of Defendant's motion, in this case 14 days from February 4, 2011, 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.*fn3
To date, only one Plaintiff in the above captioned member actions has filed a response. On February 16, 2011, Plaintiff Laura Thomas (Thomas, 3:10- cv-11388) responded to the motion to dismiss stating that she served a completed PFS on February 14, 2011 (Thomas, 3:10-cv-11388 Doc. 7). Bayer replied on February 17, 2011 acknowledging receipt of the PFS but arguing that the PFS is not "substantially complete" as required under CMO 12 § C (Thomas, 3:10-cv- 11388 Doc. 8). Bayer provides the Court with a detailed list of deficiencies in Plaintiff Thomas's PFS submission, including but not limited to failure to answer any questions regarding family medical history, incomplete and inadequate answers to questions regarding personal medical history, and failure to produce any medical records. In light of the substantial deficiencies in Plaintiff Thomas's PFS submission, the Court finds that Plaintiff Thomas has failed to comply with her PFS obligations under CMO 12.
As to the remaining Plaintiffs in the above captioned member actions, because the Plaintiffs have failed to respond, in any way, to Bayer's allegations, the Court finds that these Plaintiffs have also failed to comply with the PFS obligations under 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.
2011.02.22 18:06:02 -06'00'
David R. Herndon Chief Judge United States District Court