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In Re: Yasmin and Yaz (Drospirenone)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


June 17, 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

This Document Relates to:

Rhonda Adair v. Bayer Corp., et al. No. 3:10-cv-10733-DRH-PMF Isabel Arenas v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:10-cv-11599-DRH-PMF Kimberly Arnold v. Bayer Corp., et al. No. 3:10-cv-11543-DRH-PMF Julie Bellgowan v. Bayer Corp., et al. No. 3:10-cv-10836-DRH-PMF Taylor Brewer v. Bayer Corp., et al. No. 3:10-cv-10880-DRH-PMF Jessica Brown v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:10-cv-11164-DRH-PMF

Samantha Brunatti v. Bayer Corp., et al. No. 3:10-cv-10879-DRH-PMF Stormy Burks v. Bayer Corp., et al. No. 3:10-cv-12640-DRH-PMF Margie Busch v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:10-cv-10857-DRH-PMF Heather Calderwood v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:10-cv-11776-DRH-PMF Jasmine Conner v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:10-cv-11772-DRH-PMF

Brooke Croneberger v. Bayer HealthCare

Pharmaceuticals, Inc., et al. No. 3:10-cv-11771-DRH-PMF

Deborah Flemings v. Bayer Corp., et al. No. 3:10-cv-11377-DRH-PMF Falan Fudge v. Bayer Corp., et al. No. 3:10-cv-10996-DRH-PMF Bertha Grace v. Bayer Corp., et al. No. 3:10-cv-11434-DRH-PMF Jasmine Grindstaff v. Bayer Corp., et al. No. 3:10-cv-11700-DRH-PMF Jamie Homan v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:10-cv-11673-DRH-PMF

Angelina Jackson v. Bayer Corp., et al. No. 3:10-cv-11383-DRH-PMF Jamila Jones v. Bayer Corp., et al. No. 3:10-cv-11551-DRH-PMF Jennifer Johnson v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:09-cv-20161-DRH-PMF

Kelsey Lagerstrom v. Bayer Corp., et al. No. 3:10-cv-12627-DRH-PMF Christine Lagesse v. Bayer Corp., et al. No. 3:10-cv-12788-DRH-PMF Myrna Nunez v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:10-cv-12068-DRH-PMF

Julie Pace v. Bayer Corp., et al. No. 3:10-cv-11421-DRH-PMF Michelle Ray v. Bayer Corp., et al. No. 3:10-cv-11416-DRH-PMF Renee Richter v. Bayer Corp., et al. No. 3:10-cv-10352-DRH-PMF Ashley Robinson v. Bayer Corp., et al. No. 3:10-cv-11317-DRH-PMF Amy Sheaffer v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:10-cv-10936-DRH-PMF

Belinda Sipes v. Bayer Corp., et al. No. 3:10-cv-11362-DRH-PMF Ruby Smith v. Bayer Corp., et al. No. 3:10-cv-11364-DRH-PMF Yvette Sylvia-Booth v. Bayer Corp., et al. No. 3:10-cv-12562-DRH-PMF Kayla Taylor v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:10-cv-11727-DRH-PMF

Caprice White v. Bayer Corp., et al. No. 3:10-cv-11385-DRH-PMF Angela Wilhoite v. Bayer Corp., et al. No. 3:10-cv-11408-DRH-PMF Kelly Youhas v. Bayer Corp., et al. No. 3:10-cv-11405-DRH-PMF

ORDER

This matter is before the Court on Defendant Bayer HealthCare Pharmaceuticals Inc.'s motions, pursuant to Case Management Order 12 ("CMO 12"), for an Order dismissing plaintiffs' claims, in the above-captioned matters, with prejudice for failure to comply with their Plaintiff Fact Sheet ("PFS") obligations.

On February 4, 2011, Bayer HealthCare Pharmaceuticals Inc. moved to dismiss the Adair, Arenas, Bellgowan, Calderwood, Conner, Croneberger, Flemings, Grace, Jackson, Jones, Nunez, Ray, Robinson, Sheaffer, Sipes, Smith, White, Wilhoite, and Youhas matters without prejudice for failure to comply with PFS obligations.*fn1 The Court granted the motion on February 24, 2011.*fn2

On February 23, 2011, Bayer HealthCare Pharmaceuticals Inc. moved to dismiss the Arnold, Brewer, Brown, Brunatti, Busch, Fudge, Grindstaff, Homan, Johnson, and Taylor matters without prejudice for failure to comply with PFS obligations.*fn3 The Court granted the motion on March 22, 2011.*fn4

On March 8, 2011, Bayer HealthCare Pharmaceuticals Inc. moved to dismiss the Burks, Lagerstrom, Lagesse, Pace, Richter, and Sylvia-Booth matters without prejudice for failure to comply with PFS obligations.*fn5 The Court granted the motion on March 28, 2011.*fn6

More than 60 days since the entry of the order of dismissal without prejudice have passed, and plaintiffs still have not complied with their PFS obligations.

Accordingly, pursuant to Section E of CMO 12, Defendant Bayer HealthCare Pharmaceuticals Inc. respectfully requests that the Court issue an Order converting the dismissal without prejudice to a dismissal with prejudice.

Having considered the motion and the relevant provisions of CMO 12 the Court ORDERS as follows:

Plaintiffs in the above captioned actions have failed to comply with their obligations pursuant to CMO 12 and more than 60 days have passed since the entry of the order of dismissal without prejudice for failure to comply with CMO 12. Accordingly, pursuant to Section E of CMO 12, Plaintiffs complaints are hereby dismissed with prejudice. Further, the Court DIRECTS the Clerk of the Court to enter judgment reflecting the same.

SO ORDERED

Digitally signed by David R. Herndon Date: 2011.06.17 16:48:49 -05'00' Chief Judge United States District Court


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