The opinion of the court was delivered by: Herndon, Chief Judge:
This Document Relates to:
ORDER GRANTING DISMISSAL WITHOUT PREJUDICE
Before the Court is Defendant Bayer HealthCare Pharmaceuticals Inc.'s ("Bayer") motion, pursuant to Case Management Order 12 ("CMO 12"),*fn1 for an Order dismissing the above captioned matter without prejudice for failure to comply with 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, plaintiff was to have served a completed PFS on or before May 23, 2011. See Gonzalez Doc. 6 Exhibit A. Per Section E of CMO 12, Notice of Overdue Discovery was sent on June 22, 2011. See Gonzalez Doc. 6 Exhibit B. As of today's date, plaintiff still has not served a completed PFS. Plaintiff's PFS is thus more than one month overdue.
Under Section E of CMO 12, plaintiff was given 14 days from the date of Bayer's motion, in this case 14 days from July 129, 2011, to file a response either certifying that she 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, plaintiff has not filed a response. Because the plaintiff has failed to respond to Bayer's allegations, the Court finds that plaintiff has failed to comply with her PFS obligations under CMO 12. Accordingly, the Court hereby ORDERS as follows:
x The above captioned member action is DISMISSED WITHOUT PREJUDICE for failure to comply with the requirements of CMO 12.
x Further, the Court reminds plaintiff that, pursuant to CMO 12 Section E, unless plaintiff serves defendants with a COMPLETED PFS or moves 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.
Digitally signed by David R. Herndon
Date: 2011.08.24 10:53:54 -05'00'
Chief Judge United States ...