The opinion of the court was delivered by: David R. Herndon Chief Judge United States District Court
This Document Relates to:
Meggan Hughes v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:11-cv-10695-DRHPMF Jessica Vanden Bosch v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:11-cv-10936-DRHPMF Tierra Johnson v. Bayer Healthcare Pharmaceuticals Inc., et al. No. 3:10-cv-20292-DRHPMF Robyn Kayij v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:10-cv-13756-DRHPMF
This matter is before the Court on defendant Bayer HealthCare Pharmaceuticals Inc.'s ("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). None of the plaintiffs have filed a response to Bayer's motion to dismiss.
On August 25, 2011, the Court granted motions to withdraw filed by plaintiffs' counsel in the Hughes, Vanden Bosch, Johnson, and Kayij matters. (Hughes DOC. 13; Vanden Bosch DOC. 10; Johnson DOC. 20; Kayij DOC. 11.)
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), plaintiffs have not filed a supplementary appearance.
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. Their Plaintiff Fact Sheets were due on or before September 5, 2011.*fn1 To date, and in violation of Case Management Order 12, plaintiffs Hughes, Vanden Bosch, and Kayij have not served a fact sheet. Bayer received a fact sheet in Johnson, however, Bayer states that it is not substantially complete as required by CMO 12.*fn2
Accordingly, for the reasons stated herein, plaintiffs' actions are hereby dismissed without prejudice.
Date: 2011.10.24 11:07:02 -05'00'
Digitally signed by David ...