UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS
September 23, 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
This Document Relates to:
Jamie Brown v. No. 3:10-cv-10696-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Amanda Campbell v. Bayer Corp., et al. No. 3:10-cv-13554-DRH-PMF Lindsey Craighead v. Bayer Corp., et al. No. 3:10-cv-10632-DRH-PMF Katherine Driscoll v. Bayer Corp., et al. No. 3:10-cv-13560-DRH-PMF Linnia Lemmon v. Bayer Corp., et al. No. 3:10-cv-12691-DRH-PMF Colleen Olkowski v. No. 3:10-cv-12041-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Pauline Reed v. Bayer Corp., et al. No. 3:10-cv-12704-DRH-PMF Ritishia Tilley v. Bayer Corp., et al. No. 3:10-cv-12714-DRH-PMF Lauren Wilson and Clarence Wilson v. No. 3:10-cv-13715-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.
BAYER HEALTHCARE PHARMACEUTICALS INC.'S MOTION TO DISMISS WITH PREJUDICE
This matter is before the Court on Defendant Bayer HealthCare Pharmaceuticals Inc's ("Bayer") motion, pursuant to Case Management Order 12 ("CMO 12"), for an Order dismissing plaintiffs' claims in the above-captioned matters with prejudice for failure to comply with their Plaintiff Fact Sheet ("PFS") obligations.
On June 24, 2011, Bayer HealthCare Pharmaceuticals Inc. moved to dismiss the above-captioned matters without prejudice for failure to comply with PFS obligations.*fn1 The Court granted these motions on July 12, 2011.*fn2 More than 60 days since the entry of the order of dismissal without prejudice has passed, and plaintiffs still have not complied with their PFS obligations.
Accordingly, pursuant to Section E of CMO 12, Bayer requests that the Court issue an Order converting the dismissal without prejudice to a dismissal with prejudice. Having considered the motion and the relevant provisions of CMO 12 the Court ORDERS as follows:
Plaintiffs in the above captioned actions have failed to comply with their obligations pursuant to CMO 12 and more than 60 days have passed since the entry of the order of dismissal without prejudice for failure to comply with CMO 12. Accordingly, pursuant to Section E of CMO 12, plaintiffs' complaints are hereby dismissed with prejudice. Further, the Court directs the Clerk of the Court to enter judgment reflecting the same. Each party shall bear its own costs.
Digitally signed by David R. Herndon
Date: 2011.09.23 10:30:46 -05'00'