The opinion of the court was delivered by: Herndon, Chief Judge:
This Document Relates to:
Rebecca Burgess v. Bayer HealthCare Pharmaceuticals, Inc., et al.
No. 3:11-cv-10187-DRH-PMF Kayla Carrico v. Bayer HealthCare Pharmaceuticals, Inc., et al.
No. 3:11-cv-10191-DRH-PMF Brittany Garcia v. Bayer HealthCare Pharmaceuticals, Inc., et al.
No. 3:10-cv-12291-DRH-PMF Erica Tillman v. Bayer HealthCare Pharmaceuticals, Inc., et al.
Before the Court is Defendant Bayer HealthCare Pharmaceuticals Inc. ("Bayer") motion, pursuant to Case Management Order 12 ("CMO 12"),1 for an Order dismissing plaintiffs' claims, in the above-captioned matters, without prejudice for failure to comply with their Plaintiff Fact Sheet ("PFS") obligations.2
1 The parties negotiated and agreed to CMO 12, which expressly provides that the discovery required of plaintiffs is not objectionable. CMO 12 § A(2).
2 Bayer filed identical motions and exhibits in each of the above captioned member actions. For ease of reference, the Court cites the document number and exhibits in the first member action listed on the caption, Rebecca Burgess v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-10187-DRH-
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 16, 2011. See Exhibit A. Per Section E of CMO 12, Notice of OverdueDiscovery was sent on or before June 10, 2011. See 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 two months 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 July 12, 2011, to file a response either certifying ...