The opinion of the court was delivered by: David R. Herndon Chief Judge United States District Court
This Document Relates to:
Nicole Brink v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-10400-DRH-PMF Ashley Harvey v. McKesson Corp., et al. No. 3:10-cv-20438-DRH-PMF Melissa Hicks-Nieli v. McKesson Corp., et al. No. 3:10-cv-20385-DRH-PMF Chinella Hill v. McKesson Corp., et al. No. 3:10-cv-20391-DRH-PMF Karen James v. McKesson Corp., et al. No. 3:10-cv-20373-DRH-PMF Latonya Studdard v. McKesson Corp., et al. No. 3:10-cv-20448-DRH-PMF
ORDER GRANTING MOTION TO DISMISS WITHOUT PREJUDICE
This matter is before the Court on Defendant Bayer HealthCare Pharmaceuticals Inc. ("Bayer") motion for an Order dismissing plaintiffs' claims without prejudice for failure to file an appearance as required by Local Rule 83.1(g)(2).
On July 11, 2011, the Court granted motions to withdraw filed by plaintiffs' counsel in the Harvey, Hicks-Nieli, Hill, James, and Studdard matters. (Harvey Doc. 19; Hicks-Nieli Doc. 17; Hill Doc. 18; James Doc. 19; Studdard Doc. 18.)
On July 12, 2011, the Court granted a motion to withdraw filed by plaintiff's counsel in the Brink matter. (Brink Doc. 13.) The Orders provided that, "[i]f plaintiff or her new counsel fails to file a supplementary entry of appearance within 21 days of the entry of this Order, plaintiff's action will be subject to dismissal without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute or to comply with the orders of this Court including failure to comply with the Plaintiff Fact Sheet requirements." To date, and in violation of the Order and Local Rule 83.1(g), plaintiffs have not filed a supplementary appearance and have not served completed Plaintiff Fact Sheets as required by Case Management Order 12.
Plaintiffs must comply with the Local Rules and this Court's orders. Fed. R. Civ. P. 41(b). In addition, plaintiffs' failure to file an appearance has prejudiced Bayer. The Plaintiff Fact Sheets in the above captioned actions were due on or before July 8, 2011.*fn1 Ms. Hicks-Nieli served a substantially incomplete Plaintiff Fact Sheet and has failed to address the deficiencies identified by Bayer. *fn2
None of the remaining plaintiffs has served Bayer with the required Plaintiff Fact Sheets. Plaintiffs properly completed Fact Sheets are now more than two months overdue.
Accordingly, for the reasons stated herein, plaintiffs' actions are hereby dismissed without prejudice.
Digitally signed by David R. Herndon Date: 2011.09.23 ...