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In Re: Yasmin and Yaz (Drospirenone) Marketing

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


November 2, 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:

Jennifer Adams v. No. 3:12-cv-10114-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Jessica and Cheyenne Allen v. No. 3:11-cv-13141-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Kim Allen v. No. 3:12-cv-10251-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Brittany Bagnall v. No. 3:11-cv-13557-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Julie Baker v. No. 3:11-cv-13569-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Christina Berninger v. No. 3:12-cv-10064-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Emily Berry v. No. 3:12-cv-10118-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Courtney Bigel v. No. 3:11-cv-13405-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Rebecca Boren v. Bayer Corp., et al. No. 3:11-cv-13604-DRH-PMF

Tara and Michael Burns v. No. 3:12-cv-10065-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Katherine Campbell v. No. 3:12-cv-10161-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Jillian Carpenter v. No. 3:12-cv-10269-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Laquita Coates v. No. 3:12-cv-10144-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Deborah Cobb v. No. 3:12-cv-10090-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Nicole Daigle v. No. 3:11-cv-13466-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Shelley Darby v. No. 3:11-cv-13302-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Christina DiPierro v. No. 3:12-cv-10062-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Jennifer Dombrowski v. No. 3:11-cv-13556-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Christine Dorries v. Bayer Corp., et al. No. 3:11-cv-12629-DRH-PMF

Tunisia Fitch v. No. 3:12-cv-10038-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Ana Gadsby v. No. 3:11-cv-13562-DRH-PMF

Bayer HealthCare Pharmaceuticals, Inc., et al.

Anissa Gallifent v. No. 3:12-cv-10155-DRH-PMF

Bayer HealthCare Pharmaceuticals, Inc., et al.

Kimberly and John Hasenberg v. No. 3:11-cv-13305-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Elizabeth Howard v. No. 3:11-cv-13576-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Monisce James v. No. 3:12-cv-10182-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Jolene Jaquez v. No. 3:11-cv-13422-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Cheryl Kan v. No. 3:11-cv-13419-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Rebecca Kinsey v. No. 3:11-cv-13463-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Karen Kirk v. No. 3:12-cv-10115-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Melissa Laws v. No. 3:11-cv-13464-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Amber Melvin v. No. 3:11-cv-13312-DRH-PMF

Bayer HealthCare Pharmaceuticals, Inc., et al.

Amanda Montgomery v. No. 3:11-cv-13577-DRH-PMF

Bayer HealthCare Pharmaceuticals, Inc., et al.

Nicole Padilla v. No. 3:11-cv-13467-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Deshinae Petetant v. No. 3:11-cv-13432-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Sonya and Martin Porges v. No. 3:11-cv-13303-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Caurie Putnam v. No. 3:12-cv-10117-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Carole Reed v. No. 3:11-cv-13496-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Laura Rencher v. No. 3:11-cv-13613-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Chantelle Sawyer v. No. 3:12-cv-10036-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Lisa Shortridge v. No. 3:12-cv-10043-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Ashley Trejo v. No. 3:12-cv-10057-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Debra Ward v. No. 3:12-cv-10041-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Chiquita Warren v. No. 3:11-cv-13306-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Whitney Wauters v. No. 3:11-cv-13618-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

Kate Wilson v. No. 3:11-cv-13313-DRH-PMF Bayer HealthCare Pharmaceuticals, Inc., et al.

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")*fn1 for an order of dismissal, without prejudice, of the plaintiffs' claims in the above captioned cases for failure to comply with Plaintiff Fact Sheet ("PFS") obligations.

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, Plaintiffs in the above-captioned matters were to have served completed PFSs on or before June 22, 2012. (See e.g., Adams No. 3:12-cv- 10114-DRH-PMF Doc. 6-1).*fn2 Per Section E of CMO 12, Notice of Overdue Discovery was sent on or before July 17, 2012. (See e.g., Adams No. 3:12-cv- 10114-DRH-PMF Doc. 6-2).*fn3 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. As of the filing of this order, the above captioned plaintiffs PFS materials are 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 September 25, 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.*fn4

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 the 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 Date: 2012.11.02 10:13:39 -05'00' Chief Judge United States District Court


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