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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

No. 3:10-cv-11333-DRH-PMF No. 3:10-cv-12663-DRH-PMF No. 3:10-cv-12661-DRH-PMF No. 3:10-cv-11341-DRH-PMF No. 3:10-cv-12071-DRH-PMF No. 3:10-cv-11183-DRH-PMF No. 3:10-cv-10761-DRH-PMF No. 3:10-cv-12650-DRH-PMF No. 3:11-cv-20024-DRH-PMF No.3:11-cv-20001-DRH-PMF No. 3:10-cv-12666-DRH-PMF No. 3:11-cv-20023-DRH-PMF No. 3:10-cv-12690-DRH-PMF No. 3:10-cv-11459-DRH-PMF No. 3:10-cv-12698-DRH-PMF No. 3:11-cv-20022-DRH-PMF No. 3:10-cv-12700-DRH-PMF No. 3:10-cv-13224-DRH-PMF No. 3:10-cv-12701-DRH-PMF No. 3:10-cv-12702-DRH-PMF No. 3:10-cv-12765-DRH-PMF No. 3:10-cv-12956-DRH-PMF No. 3:10-cv-12847-DRH-PMF No. 3:10-cv-12708-DRH-PMF No. 3:10-cv-10464-DRH-PMF No. 3:10-cv-12957-DRH-PMF No. 3:10-cv-11056-DRH-PMF No. 3:09-cv-10065-DRH-PMF No. 3:11-cv-20021-DRH-PMF No. 3:10-cv-12741-DRH-PMF No. 3:10-cv-10483-DRH-PMF No. 3:10-cv-10118-DRH-PMF

This Document Relates to:

Christina Allmon v. Bayer HealthCare Pharmaceuticals, Inc., et al. Sarah Anderson v. Bayer Corp., et al. Victoria Blanchfield v. Bayer Corp., et al. Dagmar Breeden v. Bayer HealthCare Pharmaceuticals, Inc., et al. Dana Buffin v. Bayer HealthCare Pharmaceuticals, Inc., et al. Audrey Burnett v. Bayer Corp., et al. Kendel Cochran v. Bayer Corp., et al. Mandolyn Davis v. Bayer Corp., et al. Diana DeLuna, et al. v. Bayer AG, et al.*fn1 Jolanta Fredericks v. Bayer Corp., et al. Larisa Hardie v. Bayer Corp., et al. Stacey Klee v. Bayer Corp., et al. Samantha Lehman v. Bayer Corp., et al. Stephanie Lowery v. Bayer HealthCare Pharmaceuticals, Inc., et al. Alexandria Mosher v. Bayer Corp., et al. Misty Naumann v. Bayer Corp., et al. Syreeta Page v. Bayer Corp., et al. Kelly Perez v. Bayer HealthCare Pharmaceuticals, Inc., et al. Angela Perkins v. Bayer Corp., et al. Rose Pickard v. Bayer Corp., et al. Delma Reyes v. Bayer Corp., et al. Laura Robinson v. Bayer HealthCare Pharmaceuticals, Inc., et al. Cecelia Ruiz v. Bayer HealthCare Pharmaceuticals, Inc., et al. Afton Salyers v. Bayer Corp., et al. Alondra Scott v. Bayer Corp., et al. Melissa Sellnow v. Bayer HealthCare Pharmaceuticals, Inc., et al. Charda Siler v. Bayer HealthCare Pharmaceuticals, Inc., et al. April Taylor v. Bayer HealthCare Pharmaceuticals, Inc., et al. Michaela Utegg v. Bayer Corp., et al. Susan Vaughn v. Bayer Corp., et al. Andrea Velazquez v. Bayer Corp., et al. 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 Order dismissing plaintiffs' claims in the above-captioned matters*fn3 without prejudice for failure 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 record release authorizations, and copies of all documents subject to the requests for production contained in the PFS which are in the possession of plaintiff. Section B of CMO 12 further provides that a completed PFS is due "45 days from the date of service of the first answer to her complaint or the docketing of her case in this MDL, 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 the above-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 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.*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 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:

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 this Order, 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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