The opinion of the court was delivered by: Herndon, Chief Judge:
No. 3:10-cv-12660-DRH-PMF No. 3:10-cv-11016-DRH-PMF No. 3:10-cv-10815-DRH-PMF No. 3:11-cv-10249-DRH-PMF No. 3:10-cv-13586-DRH-PMF No. 3:10-cv-12696-DRH-PMF No. 3:10-cv-12864-DRH-PMF No. 3:10-cv-11030-DRH-PMF No. 3:10-cv-12555-DRH-PMF No. 3:10-cv-11105-DRH-PMF
ORDER GRANTING DISMISSAL WITHOUT PREJUDICE
This Document Relates to:
Ashley Bopp v. Bayer Corp., et al. Jennie Coachman v. Bayer Corp., et al. Cora Gaudio v. Bayer Corp., et al. Kathryn Harris v. Bayer Corp., et al. Nina Kendrick v. Bayer Corp., et al. Meagan Moore v. Bayer Corp., et al. Paulette Morgan as survivor for Decedent Alice Morgan v. Bayer HealthCare Pharmaceuticals, Inc., etal. Nicole Powell v. Bayer Corp., et al. Janessa Turner v. Bayer HealthCare Pharmaceuticals, Inc., et al. Tereasa Turner v. Bayer Corp., et al.
Before the Court is Defendant Bayer HealthCare Pharmaceuticals Inc. motion, pursuant to Case Management Order 12 ("CMO 12"),*fn1 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
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 May 15, 2011. See Exhibit A. Per Section E of CMO 12, Notice of OverdueDiscovery was sent on June 6, 2011. See Exhibit B. As of today's date, the 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 30, 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, 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 their 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 aDismissal With Prejudice upon
Digitally signed by Date: 2011.07.21 09:36:11-05'00'
David R. Herndon Chief Judge United States ...