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In Re: Yasmin

United States District Court, Seventh Circuit

March 11, 2013

IN RE: YASMIN AND YAZ (DROSPIRENONE) MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION.
v.
Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:12-cv-11070-DRH-PMF Andrea Branch Miller This Document Relates to: Ashley Behnke
v.
Bayer Corp., et al. No. 3:12-cv-11096-DRH-PMF
v.
Bayer Corp., et al.[1] No. 3:12-cv-10690-DRH-PMF
v.
Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:12-cv-10788-DRH-PMF
v.
Bayer Corp., et al.[2] No. 3:12-cv-10704-DRH-PMF
v.
Bayer Corp., et al. No. 3:12-cv-20105-DRH-PMF
v.
Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:12-cv-11137-DRH-PMF
v.
Bayer HealthCare Pharmaceuticals Inc., et al.[3] No. 3:11-cv-12436-DRH-PMF
v.
Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:12-cv-11161-DRH-PMF
v.
Bayer Corp., et al.[4] No. 3:12-cv-10701-DRH-PMF
v.
Bayer Corp., et al. No. 3:12-cv-10991-DRH-PMF
v.
Bayer Corp., et al.[5] No. 3:12-cv-10700-DRH-PMF
v.
Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:12-cv-10039-DRH-PMF Bayer Corp., et al.[6] No. 3:12-cv-10698-DRH-PMF
v.
Bayer Corp., et al. No. 3:12-cv-10465-DRH-PMF
v.
Bayer Corp., et al. No. 3:10-cv-12840-DRH-PMF
v.
Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:12-cv-10581-DRH-PMF
v.
Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:12-cv-11160-DRH-PMF Kelli Plummer
v.
Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:12-cv-11283-DRH-PMF Gabrielle Qualman
v.
Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:12-cv-10040-DRH-PMF Stephanie Schwartz
v.
Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:12-cv-10706-DRH-PMF Elizabeth Stillion, et al.
v.
Bayer Corp., et al.[7] No. 3:12-cv-10855-DRH-PMF Elizabeth Stoneburg
v.
Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:12-cv-10119-DRH-PMF Jennifer Sykes
v.
Bayer Corp., et al. No. 3:12-cv-10715-DRH-PMF Natasha Thompson
v.
Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:12-cv-10789-DRH-PMF Candace and Michael Trahan
v.
Bayer Corp., et al. No. 3:12-cv-10847-DRH-PMF 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 No. 3:09-md-02100-DRH-PMF.

ORDER OF DISMISSAL WITHOUT PREJUDICE

DAVID R. HERNDON, Chief District Judge.

This matter is before the Court on the Bayer defendants' motion, pursuant to Case Management Order 12 ("CMO 12")[8] 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).[9] 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).[10] 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.[11]

To date, none of the plaintiffs in the above captioned member actions has filed a response.[12] 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:


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