UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS
August 25, 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
DISMISSAL WITHOUT PREJUDICE
This Document Relates to:
Erika Balli, et al. v. Bayer HealthCare Pharmaceuticals Inc., et al.*fn1
Jordan Barker v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:10-cv-13648-DRH-PMF
Nicole Carroll, et al. v. Bayer HealthCare Pharmaceuticals Inc., et al.*fn2 No. 3:10-cv-12350-DRH-PMF
S.B., a Minor, by and through her Next Friend Sharon Billings v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:10-cv-13723-DRH-PMF
ORDER GRANTING DISMISSAL WITHOUT PREJUDICE
This matter is before the Court on Bayer HealthCare Pharmaceuticals Inc.'s ("Bayer") motion for an order dismissing plaintiffs' claims, in the above captioned matters, without prejudice for failure to file an appearance as required by Local Rule 83.1(g)(2).
On June 20, 2011, the Court granted motions to withdraw filed by Plaintiffs' counsel in the Balli, Barker, Carroll, and S.B. matters.
(Balli Doc. 12; Barker Doc. 9; Carroll Doc. 9; S.B. Doc. 7.) The Court noted that Plaintiffs' Fact Sheets "are significantly overdue," and it further noted the "numerous attempts [Plaintiffs'] counsel has made to communicate with plaintiffs regarding their Plaintiff Fact Sheet obligations (all of which have been ignored)." Now, in addition to having long overdue Fact Sheets, Plaintiffs have not filed a supplementary appearance as required by Local Rule 83.1(g).
Plaintiffs must comply with the Local Rules and this Court's orders. Fed. R. Civ. P. 41(b). In addition, Plaintiffs' delay and apparent disinterest in this litigation has prejudiced Bayer. Their Plaintiff Fact Sheets were due on or before April 24, 2011.*fn3 To date, and in violation of CMO 12, Plaintiffs have not served a fact sheet.*fn4
Accordingly, for the reasons stated herein, plaintiffs' actions are hereby dismissed without prejudice.
Digitally signed by David R. Herndon Chief Judge United States District Court
Date: 2011.08.25 16:13:42 -05'00'