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In Re: Yasmin and Yaz (Drospirenone)

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


March 11, 2013

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:

Ashley Behnke v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:12-cv-11070-DRH-PMF

Andrea Branch Miller v. Bayer Corp., et al. No. 3:12-cv-11096-DRH-PMF

Kimberly Busan, et al. v. Bayer Corp., et al.*fn1 No. 3:12-cv-10690-DRH-PMF

Nicole Carbonaro v. No. 3:12-cv-10788-DRH-PMF Bayer HealthCare Pharmaceuticals Inc., et al.

Elizabeth Carrion, et al. v. Bayer Corp., et al.*fn2 No. 3:12-cv-10704-DRH-PMF

Teffeny Collier-Wright v. Bayer Corp., et al. No. 3:12-cv-20105-DRH-PMF

Danielle Davis v. No. 3:12-cv-11137-DRH-PMF Bayer HealthCare Pharmaceuticals Inc., et al.

April Dugger, et al. v. No. 3:11-cv-12436-DRH-PMF

Bayer HealthCare Pharmaceuticals Inc., et al.*fn3

Amanda Fuller v. No. 3:12-cv-11161-DRH-PMF

Bayer HealthCare Pharmaceuticals Inc., et al.

Frederica Gallagher, et al. v. Bayer Corp., et al.*fn4 No. 3:12-cv-10701-DRH-PMF

Heather Glass v. Bayer Corp., et al. No. 3:12-cv-10991-DRH-PMF

Jordon Henderson, et al. v. Bayer Corp., et al.*fn5 No. 3:12-cv-10700-DRH-PMF

Erin Knowles v. No. 3:12-cv-10039-DRH-PMF Bayer HealthCare Pharmaceuticals Inc., et al.

Paula Krutilek, et al. Bayer Corp., et al.*fn6 No. 3:12-cv-10698-DRH-PMF

Jelisa Laurent v. Bayer Corp., et al. No. 3:12-cv-10465-DRH-PMF

Theira Lopez v. Bayer Corp., et al. No. 3:10-cv-12840-DRH-PMF

Melodie Mixon v. No. 3:12-cv-10581-DRH-PMF Bayer HealthCare Pharmaceuticals Inc., et al.

Alexandrea Noack v. No. 3:12-cv-11160-DRH-PMF

Bayer HealthCare Pharmaceuticals Inc., et al.

Kelli Plummer v. No. 3:12-cv-11283-DRH-PMF Bayer HealthCare Pharmaceuticals Inc., et al.

Gabrielle Qualman v. No. 3:12-cv-10040-DRH-PMF Bayer HealthCare Pharmaceuticals Inc., et al.

Stephanie Schwartz v. No. 3:12-cv-10706-DRH-PMF Bayer HealthCare Pharmaceuticals Inc., et al.

Elizabeth Stillion, et al. v. Bayer Corp., et al.*fn7 No. 3:12-cv-10855-DRH-PMF

Elizabeth Stoneburg v. No. 3:12-cv-10119-DRH-PMF Bayer HealthCare Pharmaceuticals Inc., et al.

Jennifer Sykes v. Bayer Corp., et al. No. 3:12-cv-10715-DRH-PMF

Natasha Thompson v. No. 3:12-cv-10789-DRH-PMF Bayer HealthCare Pharmaceuticals Inc., et al.

Candace and Michael Trahan No. 3:12-cv-10847-DRH-PMF

v. Bayer Corp., et al.

Adrianne Watson v. Bayer Corp., et al. No. 3:12-cv-10838-DRH-PMF

Rachel Weitzman v. Bayer Corp., et al. No. 3:12-cv-10841-DRH-PMF

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")*fn8 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, the plaintiffs in the above-captioned matters were to have served completed PFSs on or before November 18, 2012 (See e.g., Ashley Behnke v. Bayer HealthCare Pharmaceuticals Inc., et al No. 3:12-cv-11070-DRH-PMF Doc. 8-1).*fn9 Per Section E of CMO 12, Notice of Overdue Discovery was sent on or before December 14, 2012 (See e.g., Ashley Behnke v. Bayer HealthCare Pharmaceuticals Inc., et al No. 3:12-cv-11070-DRH-PMF Doc. 8-2).*fn10

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 and the plaintiffs' PFS materials were more than two 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 February 8, 2013, 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.*fn11

To date, none of the plaintiffs in the above captioned member actions has filed a response.*fn12 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:

2013.03.11 14:57:23 -05'00'


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