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In Re: Yasmin and Yaz (Drospirenone) Marketing

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


September 20, 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: Stacey Altman v. No. 3:11-cv-12846-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Rene Cauchi, et al. v. No. 3:11-cv-13223-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.*fn1

Vera Conner, et al. v. No. 3:11-cv-13149-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.*fn2

Elizabeth Dinkel v. No. 3:11-cv-13280-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Misty Gannon v. Bayer Corp., et al. No. 3:11-cv-12637-DRH-PMF

Coesha Jackson v. No. 3:11-cv-13111-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Susan Jennings v. Bayer Corp., et al. No. 3:11-cv-12990-DRH-PMF

Rania Kanazi v. Bayer Corp., et al. No. 3:11-cv-12965-DRH-PMF

Daysha Kelly v. Bayer Pharma AG, et al. No. 3:11-cv-12320-DRH-PMF

Patricia Lawson v. No. 3:11-cv-12948-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Kaitlyn Lester, et al. v. Bayer Corp., et al.*fn3 No. 3:11-cv-13373-DRH-PMF

Meredith Mach v. Bayer Corp., et al. No. 3:11-cv-13184-DRH-PMF

Erin and C. John Martinez v. No. 3:11-cv-13361-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Christine Medina v. No. 3:11-cv-13222-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Elizabeth Moore-Berry, et al. v. No. 3:11-cv-13131-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.*fn4

Roseanna Morris, et al. v. Bayer Corp., et al.*fn5 No. 3:11-cv-13374-DRH-PMF

Adria Redick, et al. v. Bayer Corp., et al.*fn6 No. 3:11-cv-13372-DRH-PMF

Brittany Roberts v. No. 3:11-cv-11575-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Joi Robinson v. No. 3:11-cv-12950-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Diana Seymour v. No. 3:11-cv-11243-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Sammer Yacoub v. No. 3:11-cv-13136-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

ORDER OF DISMISSAL WITHOUT PREJUDICE

(Failure To Comply With PFS Obligations)

Herndon, Chief Judge,

This matter is before the Court on the Bayer defendants' motion, pursuant to Case Management Order 12 ("CMO 12")*fn7 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.*fn8

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 April 21, 2012. (See e.g., Altman No. 3:11- cv-12846-DRH-PMF Doc. 6-1).*fn9 Per Section E of CMO 12, Notice of Overdue Discovery was sent on May 14, 2012. (See e.g., Altman No. 3:11-cv-12846-DRH- PMF Doc. 6-2).*fn10 Plaintiffs' completed PFSs are thus more than five months overdue. *fn11

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 July 2, 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.*fn12

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.

Digitally signed by David R. Herndon Date: 2012.09.20 17:02:08 -05'00'


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