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In Re: Yasmin and Yaz (Drospirenone)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


August 20, 2012

IN RE: YASMIN AND YAZ (DROSPIRENONE) MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION

The opinion of the court was delivered by: Herndon, Chief Judge,

This Document Relates to: Kara Abbott v. Bayer Pharma AG, et al. No. 3:11-cv-13122-DRH-PMF Rebecca Adams, et al. v. No. 3:11-cv-13025-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.*fn1 Melissa Aiger v. No. 3:11-cv-13294-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Jennifer Alforejy, et al. v. Bayer Corp., et al.*fn2 No. 3:11-cv-12970-DRH-PMF Emily Blevins v. No. 3:11-cv-13011-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Kandace Chambers v. Bayer Corp., et al. No. 3:11-cv-12639-DRH-PMF Shaina Collins v. Bayer Corp., et al. No. 3:11-cv-13108-DRH-PMF Alicia Guerin, et al. v. Bayer Corp., et al.*fn3 No. 3:11-cv-13233-DRH-PMF Samantha Hamrick, et al. v. No. 3:11-cv-12806-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.*fn4 Stefanie Harrison, et al. v. Bayer Corp., et al.*fn5 No. 3:11-cv-12507-DRH-PMF

Andrea Hollowell v. Bayer Corp., et al. No. 3:11-cv-13229-DRH-PMF Melissa Johnson v. No. 3:11-cv-11996-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Elizabeth Law v. No. 3:11-cv-13240-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Dawn Lindley, et al. v. Bayer Corp., et al.*fn6 No. 3:11-cv-12574-DRH-PMF Karan and Ruy Lozano v. Bayer Corp., et al. No. 3:11-cv-13205-DRH-PMF Marissa Lytle v. No. 3:11-cv-12586-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Marilou Mewborn v. No. 3:11-cv-13274-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Amy and Brian Monroe v. No. 3:11-cv-13238-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Sharon Morrison v. No. 3:11-cv-12706-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Heather Norris v. No. 3:11-cv-13241-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Amanda and Robert Perkins v. No. 3:11-cv-13230-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Leah Pfeiffer v. No. 3:11-cv-12000-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Yvonne Richardson Campbell, et al. v. No. 3:11-cv-12333-DRH-PMF Bayer Corp., et al.*fn7 Melanie and John Rogers v. No. 3:11-cv-12663-DRH-PMF Bayer Corp., et al.

Sloan Seaborn-Sebati v. No. 3:11-cv-12276-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Rhanda Smith v. No. 3:11-cv-12090-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Laura Tenorio v. No. 3:12-cv-20002-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Lauren Terry, et al. v. Bayer Corp., et al.*fn8 No. 3:11-cv-12280-DRH-PMF Karen Wafa v. No. 3:11-cv-13203-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Heather Ward, et al. v. No. 3:11-cv-12404-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.*fn9 Tina Westmoreland v. No. 3:11-cv-13239-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Rukaiyah Williams v. No. 3:11-cv-13287-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al. Sheila Woodard, et al. v. Bayer Corp., et al.*fn10 No. 3:11-cv-13232-DRH-PMF Heshima Worthington, et al. v. No. 3:11-cv-12959-DRH-PMF Bayer Pharmaceuticals Corp., et al.*fn11

ORDER OF DISMISSAL WITHOUT PREJUDICE

(Failure To Comply With PFS Obligations)

This matter is before the Court on the Bayer defendants' motion, pursuant to Case Management Order 12 ("CMO 12")*fn12 for an order of dismissal, without prejudice, of the plaintiffs' claims in the above captioned cases for failure to comply with their Plaintiff Fact Sheet ("PFS") obligations.*fn13 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."

Accordingly, the plaintiffs in the above-captioned matters were to have served completed PFSs on or before March 17, 2012. (See e.g., Abbott No. 3:11-cv-13122- DRH-PMF Doc. 8-1).*fn14 Per Section E of CMO 12, Notice of Overdue Discovery was sent on April 12, 2012. (See e.g., Abbott No. 3:11-cv-13122-DRH-PMF Doc. 8-2).*fn15 As of the filing of Bayer's motion to dismiss, Bayer still had not received completed PFS materials from the plaintiffs in the above-captioned matters (making the above-captioned plaintiffs' PFSs more than three months overdue). Under Section E of CMO 12, the plaintiffs were given 14 days from the date of Bayer's motion, in this case 14 days from June 29, 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.*fn16

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 claims of the above captioned plaintiffs are hereby dismissed without prejudice.

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:

Digitally signed by David R. Herndon Chief Judge United States District Court

Date: 2012.08.20 15:59:58 -05'00'


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