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In Re: Yasmin and Yaz (Drospirenone) Marketing, Sales Practices and Products Liability Litigation v. Bayer Healthcare Pharmaceuticals Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


October 24, 2011

IN RE: YASMIN AND YAZ (DROSPIRENONE) MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION MELISE PAPE
v.
BAYER HEALTHCARE PHARMACEUTICALS INC., ET AL.

The opinion of the court was delivered by: David R. Herndon Chief Judge United States District Court

Order Dismissing Case

This Document Relates to:

ORDER

This matter is before the Court on defendant Bayer HealthCare Pharmaceuticals Inc.'s ("Bayer") motion for an Order dismissing plaintiff's claims without prejudice for failure to file an appearance as required by Local Rule 83.1(g)(2).

On July 28, 2011, the Court granted a motion to withdraw filed by Plaintiff's counsel in the Pape matter. (Doc. 12.) The Order 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), Plaintiff has not filed a supplementary appearance.

Plaintiff must comply with the Local Rules and this Court's orders. Fed. R. Civ. P. 41(b). In addition, plaintiff's failure to file an appearance has prejudiced Bayer. Her Plaintiff Fact Sheet was due on August 7, 2011.*fn1 To date, and in violation of Case Management Order 12, she has not served a fact sheet.

Accordingly, for the reasons stated herein, plaintiff's action is hereby dismissed without prejudice.

SO ORDERED.

Digitally signed by

Date: 2011.10.24 11:18:01 -05'00'


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