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
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 ...