The opinion of the court was delivered by: David R. Herndon Chief Judge United States District Court
This Document Relates to:
Maranda Hurt, et al. v. Bayer HealthCare No. 3:11-cv-11447-DRH-PMF Pharmaceuticals, Inc., et al.*fn1 Terren Iversen, et al. v. Bayer HealthCare No. 3:11-cv-10931-DRH-PMF Pharmaceuticals, Inc., et al.*fn2 Darcy-Lynne Leite v. Bayer HealthCare No. 3:11-cv-10786-DRH-PMF Pharmaceuticals, Inc., et al.
Maria Monica v. Bayer Corp., et al. No. 3:11-cv-12347-DRH-PMF Amanda Santana v. Bayer HealthCare No. 3:11-cv-12997-DRH-PMF Pharmaceuticals, Inc., et al.
Catherine Sofia v. Bayer Corp., et al. No. 3:11-cv-12900-DRH-PMF
BAYER DEFENDANTS'MOTION TO DISMISS WITHOUT PREJUDICE
This matter is before the Court on the Bayer defendants motion for an Order dismissing the above captioned plaintiffs' claims without prejudice for failure to file an appearance as required by this Court's Order and Local Rule 83.1(g)(2). The Bayer defendants filed this motion on March 28, 2012. To date, none of the plaintiffs has filed a responsive pleading.
On March 1, 2012, the Court granted motions to withdraw filed by plaintiffs' counsel in the Iversen, Leite, Monica, Santana, and Sofia matters. (Iversen Doc. 10; Leite D.E. 10; Monica Doc. 8; Santana Doc. 10; Sofia Doc. 7). On March 5, 2012, the Court granted a motion to withdraw filed by Plaintiff's counsel in the Hurt matter. (Hurt Doc. 10.) The Orders provided that, "[i]f plaintiff(s) 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' delay has prejudiced Bayer. Plaintiffs' completed Plaintiff Fact Sheets ("PFS") were due on or before January 23, 2012.*fn3
To date, and in violation of CMO 12, plaintiffs have not served a fact sheet. Plaintiffs' substantially complete fact sheets are now more than five months overdue. Accordingly, for the reasons stated herein, plaintiffs' actions are hereby dismissed without prejudice.