UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS
March 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:
Kimberly Arnold v. Bayer Corp., et al.
Taylor Brewer v. Bayer Corp., et al.
Jessica Brown v. Bayer Corp., et al.
Samantha Brunatti v. Bayer Corp., et al.
Margie Busch v. Bayer HealthCare Pharmaceuticals, Inc., et al.
Falan Fudge v. Bayer Corp., et al.
Jasmine Grindstaff v. Bayer HealthCare Pharmaceuticals, Inc., et al.
Jamie Homan v. Bayer HealthCare Pharmaceuticals, Inc., et al.
Jennifer Johnson v. Bayer HealthCare Pharmaceuticals, Inc., et al.
Ashley Kerr v. Bayer HealthCare Pharmaceuticals, Inc., et al.
Kayla Taylor v.Bayer HealthCare Pharmaceuticals, Inc., 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.*fn2 Bayer contends that the Plaintiffs in the above-captioned matters were required to serve a completed PFS on or before January 6, 2011 but have not done so. *fn3
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 23, 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.*fn4
To date, none of the Plaintiffs in the above captioned member actions has filed a response.*fn5 Because the Plaintiffs in the above captioned cases have failed to respond to Bayer's allegations, the Court finds that these Plaintiffs have 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.
Digitally signed by Date: 2011.03.22 12:45:25-05'00'
David R. Herndon Chief Judge United States District Court