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In Re: Yasmin and Yaz (Drospirenone)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


June 28, 2011

IN RE: YASMIN AND YAZ (DROSPIRENONE) MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY
LITIGATION

The opinion of the court was delivered by: David R. Herndon Chief Judge United States District Court

This Document Relates to:

Christina Allmon v. Bayer HealthCare Pharmaceuticals, Inc., et al.

No. 3:10-cv-11333-DRH-PMF

No. 3:10-cv-12663-DRH-PMF

Sarah Anderson v. Bayer Corp., et al.

Victoria Blanchfield v. Bayer Corp., et al.

No. 3:10-cv-12661-DRH-PMF

No. 3:10-cv-11341-DRH-PMF

Dagmar Breeden v. Bayer HealthCare Pharmaceuticals, Inc., et al.

No. 3:10-cv-12071-DRH-PMF

Dana Buffin v. Bayer HealthCare Pharmaceuticals, Inc., et al.

Audrey Burnett v. Bayer Corp., et al.

No. 3:10-cv-11183-DRH-PMF

Kendel Cochran v. Bayer Corp., et al.

No. 3:10-cv-10761-DRH-PMF

Mandolyn Davis v. Bayer Corp., et al.

No. 3:10-cv-12650-DRH-PMF

Diana DeLuna, et al. v. Bayer AG, et al.*fn1

No.3:11-cv-20001-DRH-PMF

Jolanta Fredericks v. Bayer Corp., et al.

No. 3:11-cv-20024-DRH-PMF

Larisa Hardie v. Bayer Corp., et al.

No. 3:10-cv-12666-DRH-PMF

Stacey Klee v. Bayer Corp., et al.

No. 3:11-cv-20023-DRH-PMF

Samantha Lehman v. Bayer Corp., et al.

No. 3:10-cv-12690-DRH-PMF

Stephanie Lowery v. Bayer HealthCare Pharmaceuticals, Inc., et al.

No. 3:10-cv-11459-DRH-PMF

Alexandria Mosher v. Bayer Corp., et al.

No. 3:10-cv-12698-DRH-PMF

Misty Naumann v. Bayer Corp., et al.

No. 3:11-cv-20022-DRH-PMF

Syreeta Page v. Bayer Corp., et al.

No. 3:10-cv-12700-DRH-PMF

No. 3:10-cv-13224-DRH-PMF

Kelly Perez v. Bayer HealthCare Pharmaceuticals, Inc., et al.

Angela Perkins v. Bayer Corp., et al.

No. 3:10-cv-12701-DRH-PMF

Rose Pickard v. Bayer Corp., et al.

No. 3:10-cv-12702-DRH-PMF

Delma Reyes v. Bayer Corp., et al.

No. 3:10-cv-12765-DRH-PMF

No. 3:10-cv-12956-DRH-PMF

Laura Robinson v. Bayer HealthCare Pharmaceuticals, Inc., et al.

No. 3:10-cv-12847-DRH-PMF

Cecelia Ruiz v. Bayer HealthCare Pharmaceuticals, Inc., et al.

No. 3:10-cv-12708-DRH-PMF

Afton Salyers v. Bayer Corp., et al.

No. 3:10-cv-10464-DRH-PMF

Alondra Scott v. Bayer Corp., et al.

No. 3:10-cv-12957-DRH-PMF

Melissa Sellnow v. Bayer HealthCare Pharmaceuticals, Inc., et al.

No. 3:10-cv-11056-DRH-PMF

Charda Siler v. Bayer HealthCare Pharmaceuticals, Inc., et al.

No. 3:09-cv-10065-DRH-PMF

April Taylor v. Bayer HealthCare Pharmaceuticals, Inc., et al.

Michaela Utegg v. Bayer Corp., et al.

No. 3:11-cv-20021-DRH-PMF

Susan Vaughn v. Bayer Corp., et al.

No. 3:10-cv-12741-DRH-PMF

Andrea Velazquez v. Bayer Corp., et al.

No. 3:10-cv-10483-DRH-PMF

No. 3:10-cv-10118-DRH-PMF

Diana Warren v. Bayer HealthCare Pharmaceuticals, Inc., et al.

ORDER DISMISSING WITHOUT PREJUDICE

Before the Court is Defendant Bayer HealthCare Pharmaceuticals Inc. motion, pursuant to Case Management Order 12 ("CMO 12"),*fn2 for an Orderdismissing plaintiffs' claims in the above-captioned matters*fn3 without prejudice forfailure to comply with their Plaintiff Fact Sheet ("PFS") obligations.*fn4

Under Section C of CMO 12, each plaintiff is required to serve defendants with a completed PFS, including a signed declaration, executed recordrelease authorizations, and copies of all documents subject to the requests forproduction contained in the PFS which are in the possession of plaintiff. SectionB of CMO 12 further provides that a completed PFS is due "45 days from the dateof service of the first answer to her complaint or the docketing of her case in thisMDL, or 45 days from the date of this Order, whichever is later."

Accordingly, plaintiffs in the above-captioned matters were to have served completed PFSs on or before April 14, 2011 (See Allmon, Doc. 8 Exhibit

A). Per Section E of CMO 12, notice of overdue discovery was sent on or before May 9, 2011 (See Allmon, Doc. 8 Exhibit B). As of today's date, plaintiffs in theabove-captioned matters still have not served completed PFSs. Plaintiffs'completed PFSs are thus more than one month overdue.

Under Section E of CMO 12, plaintiffs were given 14 days from the date of Bayer's motion, in this case 14 days from June 10, 2011, to file aresponse either certifying that they served upon defendants and defendantsreceived a completed PFS, and attaching appropriate documentation of receipt oran opposition to defendant's motion.*fn5

To date, none of the plaintiffs in the above captioned member actions has filed a response. Because the Plaintiffs in the above captioned cases havefailed to respond to Bayer's allegations, the Court finds that these plaintiffs havefailed to comply with the PFS obligations under CMO 12. Accordingly, the Courthereby ORDERS as follows:

Plaintiff Kelly Hansen in multi-plaintiff member action DeLuna, et al. v.

Bayer AG, et al., No. 3:11-2001-DRH-PMF is DISMISSED WITHOUT PREJUDICE for failure to comply with the requirements of CMO 12.

The rest of 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 thisOrder, the Order will be converted to a Dismissal With Prejudice upon defendants' motion.

SO ORDERED

Digitally signed by Date: 2011.06.28 15:40:46 -05'00'


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