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In Re: Yasmin and Yaz) (Drospirenone)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


August 24, 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 GRANTING DISMISSAL WITHOUT PREJUDICE

This Document Relates to:

Laura Barkley, et al. v. No. 3:10-cv-12951-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.*fn1

Michelle Bledsoe v. No. 3:11-cv-10332-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Lisa Kopishke v. No. 3:10-cv-12196-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Jackie Norrod v. Bayer Corp., et al. No. 3:10-cv-11203-DRH-PMF

Caroline Pena v. Bayer Corp., et al. No. 3:10-cv-12842-DRH-PMF

Jenny Reza, et al. v. No. 3:10-cv-12717-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.*fn2

Angela Suarez v. Bayer Corp., et al. No. 3:10-cv-12858-DRH-PMF

ORDER GRANTING MOTION TO DISMISS WITHOUT PREJUDICE

Before the Court is Defendant Bayer HealthCare Pharmaceuticals Inc.'s ("Bayer") motion, pursuant to Case Management Order 12 ("CMO 12"),*fn3 for an Order dismissing plaintiffs' claims, in the above-captioned matters, 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 June 1, 2011. See Barkley Doc. 6 Exhibit A. Per Section E of CMO 12, Notice of Overdue Discovery was sent on June 22, 2011. See Barkley Doc. 6 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 July 18, 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 their PFS obligations under CMO 12. Accordingly, the Court hereby ORDERS as follows:

x The above captioned member actions are DISMISSED WITHOUT PREJUDICE for failure to comply with the requirements of CMO 12.

x 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 David R. Herndon Chief Judge United States District Court

Date: 2011.08.24 10:51:39 -05'00'


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