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In re Yasmin & Yaz Drospirenone Marketing, Sales Practices & Products Liability Litigation

United States District Court, Seventh Circuit

June 24, 2013

IN RE YASMIN AND YAZ DROSPIRENONE MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION MDL No. 2100
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10114-DRH-PMF This Document Relates to: Jennifer Adams
v.
Jessica and Cheyenne Allen
v.
Bayer Pharma AG, et al. No. 3:11-cv-13141-DRH-PMF Kim Allen
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10251-DRH-PMF Brittany Bagnall
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13557-DRH-PMF Julie Baker
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13569-DRH-PMF Christina Berninger
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10064-DRH-PMF Emily Berry
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10118-DRH-PMF Courtney Bigel
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13405-DRH-PMF Rebecca Boren
v.
Bayer Corp., et al. No. 3:11-cv-13604-DRH-PMF Tara and Michael Burns
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10065-DRH-PMF Katherine Campbell
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10161-DRH-PMF Jillian Carpenter
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10269-DRH-PMF Deborah Cobb
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10090-DRH-PMF Nicole Daigle
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13466-DRH-PMF Shelley Darby
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13302-DRH-PMF Christina DiPierro
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10062-DRH-PMF Jennifer Dombrowski
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13556-DRH-PMF Christine Dorries
v.
Bayer Corp., et al. No. 3:11-cv-12629-DRH-PMF Tunisia Fitch
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10038-DRH-PMF Ana Gadsby
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13562-DRH-PMF Anissa Gallifent
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10155-DRH-PMF Kimberly and John Hasenberg
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13305-DRH-PMF Elizabeth Howard
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13576-DRH-PMF Jolene Jaquez
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13422-DRH-PMF Cheryl Kan.
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13419-DRH-PMF Rebecca Kinsey
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13463-DRH-PMF Karen Kirk
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10115-DRH-PMF Melissa Laws
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13464-DRH-PMF Amber Melvin
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13312-DRH-PMF Amanda Montgomery
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13577-DRH-PMF Deshinae Petetant
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13432-DRH-PMF Sonya and Martin Porges
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13303-DRH-PMF Caurie Putnam
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10117-DRH-PMF Chantelle Sawyer
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10036-DRH-PMF Lisa Shortridge
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10043-DRH-PMF Ashley Trejo
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10057-DRH-PMF Debra Ward
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10041-DRH-PMF Chiquita Warren
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13306-DRH-PMF Whitney Wauters
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13618-DRH-PMF Kate Wilson
v.
Bayer HealthCare Pharmaceuticals, Inc., et al.No. 3:11-cv-13313-DRH-PMF

ORDER DISMISSING WITH PREJUDICE

HERNDON, Chief Judge

This matter is before the Court on the defendant Bayer HealthCare Pharmaceuticals Inc.’s motion, pursuant to Case Management Order 12 (“CMO 12”), for an order dismissing the plaintiffs’ claims, in the above-captioned matters, with prejudice for failure to comply with Plaintiff Fact Sheet (“PFS”) obligations.

On September 25, 2012, Bayer HealthCare Pharmaceuticals Inc. moved to dismiss the above captioned matters without prejudice for failure to comply with PFS obligations.[1] The Court granted the motion on November 2, 2012.[2]

In the order dismissing the above captioned actions, the Court warned the 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.”

On April 1, 2013, more than a year after the entry of the order of dismissal without prejudice, Bayer HealthCare Pharmaceuticals Inc. filed the subject motion stating the plaintiffs are still not in compliance with their PFS obligations and asking the Court to convert the without prejudice dismissals to with prejudice dismissals pursuant to Section E of CMO 12,

To date, none of the above captioned plaintiffs have taken any steps to cure their PFS deficiencies, to address the without prejudice dismissal, or to reply to the motion for dismissal with prejudice. The plaintiffs have had ample time to cure the any PFS deficiencies and avoid a with prejudice dismissal.

Having considered the motion and the relevant provisions of CMO 12 the Court ORDERS as follows:

The plaintiffs in the above captioned actions have failed to comply with their obligations pursuant to CMO 12 and more than 60 days have passed since the entry of the order of dismissal without prejudice for failure to comply with CMO 12. Accordingly, pursuant to Section E of CMO 12, the plaintiffs’ complaints are hereby dismissed WITH prejudice.

Further, the Court DIRECTS the Clerk of the Court to enter judgment reflecting the same.

SO ORDERED:


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