UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS
December 21, 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:
Laura Barkley, et al. v. No. 3:10-cv-12951-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.*fn1 Jenny Reza, et al. v. No. 3:10-cv-12717-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.*fn2
ORDER ON BAYER HEALTHCARE PHARMACEUTICALS INC.'S MOTION TO DISMISS WITH PREJUDICE
This matter is before the Court on defendant Bayer HealthCare Pharmaceuticals Inc's ("Bayer") motion, pursuant to Case Management Order 12 ("CMO 12"), for an Order dismissing plaintiffs' claims in the above-captioned matters with prejudice for failure to comply with their Plaintiff Fact Sheet ("PFS") obligations.
On July 18, 2011, Bayer moved to dismiss plaintiffs in the Barkley and Reza matters without prejudice for failure to comply with PFS obligations.*fn3 The Court granted these motions on August 25, 2011.*fn4 More than 60 days since the entry of the order of dismissal without prejudice has passed, and plaintiffs still have not complied with their PFS obligations. Accordingly, pursuant to Section E of CMO 12, Bayer respectfully requests that the Court issue an Order converting the dismissal without prejudice to a dismissal with prejudice.
Having considered the motion and the relevant provisions of CMO 12, the Court ORDERS as follows:
Plaintiffs in the above captioned actions have failed to comply with their obligations pursuant to CMO 12 and more than 60 days have passed since the entry of the order of dismissal without prejudice for failure to comply with CMO 12. Accordingly, pursuant to Section E of CMO 12, plaintiffs' individual complaints are hereby dismissed with prejudice. Further, the Clerk is not directed to enter judgment at this time as plaintiffs with viable claims remain in each of the above titled cases.
IT IS SO ORDERED.
2011.12.21 14:53:24 -06'00'