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In Re: Yasmin and Yaz (Drospirenone) Marketing

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


February 28, 2012

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: Courtney Boggus v. No. 3:11-cv-12149-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Laura M. Brown and Matthew Brown v. No. 3:11-cv-10805-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Katie Chor, et al. v. No. 3:11-cv-12891-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.*fn1 Kelly Engle v. Bayer Corp., et al. No. 3:11-cv-11024-DRH-PMF Melanie Gardner-Boyd v. Bayer Corp., et al. No. 3:10-cv-13581-DRH-PMF Jewel Goodyear v. Bayer Corp., et al. No. 3:11-cv-11457-DRH-PMF Stacy L. Gordon and Braden W. Gordon v. No. 3:11-cv-11835-DRH-PMF Bayer Corp., et al. Julie Kinsolving v. No. 3:11-cv-11550-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Kristin Lamb, et al. v. No. 3:11-cv-12893-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.*fn2 Jessica Pinales and Jesus Pinales v. No. 3:11-cv-11734-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Bernadette Polux v. Bayer Corp., et al. No. 3:11-cv-11848-DRH-PMF Lashey Richardson v. No. 3:11-cv-10384-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Holly Sanchez v. No. 3:11-cv-11124-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

ORDER GRANTING DISMISSAL WITHOUT PREJUDICE

This matter is before the Court on the Bayer defendants motion, pursuant to Case Management Order 12 ("CMO 12"),*fn3 for an order dismissing plaintiffs' claims in the above-captioned matters without prejudice for failure to comply with their Plaintiff Fact Sheet ("PFS") obligations.*fn4

Under Section C of CMO 12, each plaintiff is required to serve defendants with a completed PFS, including a signed declaration, executed record release authorizations, and copies of all documents subject to the requests for production contained in the PFS which are in the possession of plaintiff. Section B of CMO 12 further provides that a completed PFS is due "45 days from the date of service of the first answer to her Complaint or the docketing of her case in this MDL, or 45 days from the date of this Order, whichever is later."

Plaintiffs in the above-captioned matters were to have served completed PFSs on or before November 5, 2011 (See 11-cv-12149 Doc. 6-1).*fn5 Per Section E of CMO 12, Notice of Overdue Discovery was sent on December 5, 2011 (See 11- cv-12149 Doc. 6-2). Plaintiffs' completed PFSs are thus nearly four months overdue.*fn6

Under Section E of CMO 12, plaintiffs were given 14 days from the date of Bayer's motion, in this case 14 days from January 31, 2012, to file a response either certifying that they served upon defendants and defendants received a completed PFS, and attaching appropriate documentation of receipt or an opposition to defendant's motion.*fn7

To date, none of the plaintiffs in the above captioned member actions has filed a response. Because the plaintiffs have failed to respond to Bayer's allegations, the Court finds that these plaintiffs have failed to comply with their PFS obligations under CMO 12. Accordingly, the Court hereby ORDERS as follows: x With regard to member action Katie Chor, et al. v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-12891-DRH-PMF, the following plaintiffs' claims are dismissed without prejudice for failure to comply with the requirements of CMO 12:

(1) Sarah Bennett, (2) Latosha Black, (3) Ramieka Bowen, (4) Julie Bradley, (5) Mona Lisa Buchanan, (6) Elisa Cady, (7) Amy Crider, (8) Jessica Cuellar, (9) Tara Cyphert, (10) Manuela Espinosa, (11) Catina Glaspie, (12) Kellie Griener, (13) Donshae Harris, (14) Loralee Ivkovic, (15) Latia Jennings, (16) Jennifer Kendall, (17) Caitlyn Kidle, (18) Mary Marsalis, (19) Kathryn McAtee, (20) Jennifer Mills, (21) Sheri Nilsson, (22) Traci Nurse, (23) Sarah Parney, (24) Unique Pirtle, (25) Michelle Porche, (26) Lucille Price, (27) Sandra Price, (28) Shannon Rachal, (29) Tshangie Smith, (30) Lacey Stone, and (31) Allison Wardingley.

x With regard to member action Kristin Lamb, et al. v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-12893-DRH-PMF, the following plaintiffs' claims are dismissed without prejudice for failure to comply with the requirements of CMO 12: (1) Kendra Cater, (2) Katherine Houck, (3) Rachel Price, (4) Mariella Villegas, and (5) Nikki Watterson.

x The following member actions are dismissed without prejudice for failure to comply with the requirements of CMO 12: Courtney Boggus v.Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-12149-DRH-PMF Laura M. Brown and Matthew Brown v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-10805-DRH-PMF Kelly Engle v. Bayer Corp., et al. No. 3:11-cv-11024-DRH-PMF Melanie Gardner-Boyd v. Bayer Corp., et al. No. 3:10-cv-13581-DRH-PMF Jewel Goodyear v. Bayer Corp., et al. No. 3:11-cv-11457-DRH-PMF Stacy L. Gordon and Braden W. Gordon v. Bayer Corp., et al. No. 3:11-cv-11835-DRH-PMF Julie Kinsolving v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-11550-DRH-PMF Jessica Pinales and Jesus Pinales v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-11734-DRH-PMF Bernadette Polux v. Bayer Corp., et al. No. 3:11-cv-11848-DRH-PMF Lashey Richardson v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-10384-DRH-PMF Holly Sanchez v. Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-11124-DRH-PMF Further, the Court reminds plaintiffs that, pursuant to CMO 12 Section E, unless plaintiffs serve defendants with a COMPLETED PFS or move to vacate the dismissal without prejudice within 60 days after entry of this Order, the Order will be converted to a Dismissal With Prejudice upon defendants' motion.

SO ORDERED

2012.02.28 17:04:49 -06'00'


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