Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

In Re: Yasmin and Yaz (Drospirenone) Marketing

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


May 5, 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:

ORDER REGARDING

PFS COMPLIANCE and DISMISSING CERTAIN ACTIONS WITHOUT PREJUDICE

This Document Relates to:

Petra Asel v. Bayer Corp., et al. No. 3:10-cv-12527-DRH-PMF

Lauren Baker v. Bayer Corp., et al. No. 3:10-cv-12644-DRH-PMF

Ashley Blackard v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:10-cv-12230-DRH-PMF

Shawna Carter v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:10-cv-13225-DRH-PMF

Vanessa Cervantes v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:10-cv-13014-DRH-PMF

Jill Day v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:10-cv-12389-DRH-PMF

Autumn Dickson v. Bayer Corp., et al. No. 3:10-cv-12921-DRH-PMF

Ashley Flynt v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:10-cv-12485-DRH-PMF

Tanya Lynch v. Bayer Corp., et al. No. 3:10-cv-12626-DRH-PMF

Rosslyn McCrae v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:10-cv-12198-DRH-PMF

Ellen Miller v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:10-cv-10813-DRH-PMF

Kewona Richards v. Bayer Corp., et al. No. 3:10-cv-11021-DRH-PMF

Janett Vargas v. Bayer Corp., et al. No. 3:10-cv-12138-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 were required to serve a completed PFS on or before February 24, 2011 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 April 12, 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 two of the Plaintiffs in the above captioned member actions have filed a response:

1. Plaintiff Kewona Richards(Kewona Richards v. Bayer Corp., et al.No. 3:10-cv-11021-DRH-PMF) filed the requisite response on May 3, 2011 (Doc. 9). Thereafter Defendants filed a notice of non-opposition to plaintiff Richards' response (Doc. 10).

2. Plaintiff Janett Vargas (Janett Vargas v. Bayer Corp., et al. No. 3:10-cv- 12138-DRH-PMF) filed the requisite response on May 3, 2011 (Doc. 9). Thereafter Defendants filed a notice of non-opposition to plaintiff Richards' response (Doc. 10).

Accordingly, the Court ORDERS as follows:

With regard to plaintiff Kewona Richards(Kewona Richards v. Bayer Corp., et al.No. 3:10-cv-11021-DRH-PMF) and plaintiff Janett Vargas (Janett Vargas v. Bayer Corp., et al. No. 3:10-cv-12138-DRH-PMF) the motion to dismiss is DENIED.

The plaintiffs in the remaining eleven member actions (where no responsive pleading was filed), have failed to comply with the PFS obligations under CMO 12. Therefore the following member actions are DISMISSED WITHOUT PREJUDICE for failure to comply with the requirements of CMO 12.

Petra Asel v. Bayer Corp., et al. No. 3:10-cv-12527-DRH-PMF

Lauren Baker v. Bayer Corp., et al. No. 3:10-cv-12644-DRH-PMF

Ashley Blackard v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:10-cv-12230-DRH-PMF

Shawna Carter v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:10-cv-13225-DRH-PMF

Vanessa Cervantes v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:10-cv-13014-DRH-PMF

Jill Day v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:10-cv-12389-DRH-PMF

Autumn Dickson v. Bayer Corp., et al. No. 3:10-cv-12921-DRH-PMF

Ashley Flynt v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:10-cv-12485-DRH-PMF

Tanya Lynch v. Bayer Corp., et al. No. 3:10-cv-12626-DRH-PMF

Rosslyn McCrae v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:10-cv-12198-DRH-PMF

Ellen Miller v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:10-cv-10813-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

Digitally signed by David R. Herndon Chief Judge United States District Court

Date: 2011.05.05 16:18:40 -05'00'


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.