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:
Rachel Colletti, et al. v. Bayer Corp., et al.*fn1 No. 3:10-cv-11838-DRH-PMF
Morgan Haley v. Bayer HealthCare
Pharmaceuticals, Inc., et al. No. 3:10-cv-13534-DRH-PMF
Katrina Lewis v. Bayer Corp., et al. No. 3:10-cv-12075-DRH-PMF
Blanca Rodriguez v. Bayer Corp., et al. No. 3:10-cv-10015-DRH-PMF
Denise Wilmoth and Michael
Wilmoth v. Bayer Corp., et al. No. 3:10-cv-13706-DRH-PMF
Ashten Luayne Wolfe, et al. v.
Bayer Corp., et al.*fn2 No. 3:10-cv-20403-DRH-PMF
MOTION TO DISMISS WITHOUT PREJUDICE
This matter is before the Court on 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.
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 July 3, 2011 (Collette, 3:10-cv-11838 Doc. 9-1).*fn4
Per Section E of CMO 12, Notice of Overdue Discovery was sent on or before July 29, 2011 (Collette, 3:10-cv-11838 Doc. 9-2). As of the filing of the present motion to dismiss, plaintiffs in the above-captioned matters still had not served completed PFSs. Plaintiffs' completed PFSs were thus more than two months overdue when Bayer filed its motion to dismiss.
Under Section E of CMO 12, plaintiffs were given 14 days from the date of Bayer's motion, in this case 14 days from August 30, 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 the PFS obligations under CMO 12. Accordingly, the Court hereby ORDERS as follows:
The following member actions are DISMISSED without prejudice for failure to comply with the requirements of CMO 12.
x Morgan Haley v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:10-cv- 13534-DRH-PMF is dismissed without prejudice
x Katrina Lewis v. Bayer Corp., et al. No. 3:10-cv-12075-DRH-PMF is dismissed without prejudice
x Blanca Rodriguez v. Bayer Corp., et al. No. 3:10-cv-10015-DRH-PMF is dismissed without prejudice
x Denise Wilmoth and Michael Wilmoth v. Bayer Corp., et al. No. 3:10-cv- 13706-DRH-PMF is dismissed without prejudice
The claims of the following plaintiffs are DISMISSED without prejudice for failure to comply with the requirements of CMO 12:
x The claims of plaintiff Rachel Colletti (Rachel Colletti, et al. v. Bayer Corp., et al. No. 3:10-cv-11838-DRH-PMF)are dismissed without prejudice
x The claims of plaintiff Rachel Moore (Ashten Luayne Wolfe, et al. v.
Bayer Corp., et al No. 3:10-cv-20403-DRH-PMF) are dismissed without prejudice
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.
Digitally signed by David R. Herndon Date: 2011.09.23 10:33:01 -05'00'