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In re Yasmin and Yaz Drospirenone Marketing, Sales Practices and 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 This Document Relates To: Jennifer Adams
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10114-DRH Jessica and Cheyenne Allen
v.
Bayer Pharma AG, et al. No. 3:11-cv-13141-DRH Kim Allen
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10251-DRH Brittany Bagnall
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13557-DRH Julie Baker
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13569-DRH Christina Berninger
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10064-DRH Emily Berry
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10118-DRH Courtney Bigel
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13405-DRH Rebecca Boren
v.
Bayer Corp., et al. No. 3:11-cv-13604-DRH Tara and Michael Burns
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10065-DRH Katherine Campbell
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10161-DRH Jillian Carpenter
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10269-DRH Deborah Cobb
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10090-DRH Nicole Daigle
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13466-DRH Shelley Darby
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13302-DRH Christina DiPierro
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10062-DRH Jennifer Dombrowski
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13556-DRH Christine Dorries
v.
Bayer Corp., et al. No. 3:11-cv-12629-DRH Tunisia Fitch
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10038-DRH Ana Gadsby
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13562-DRH Anissa Gallifent
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10155-DRH Kimberly and John Hasenberg
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13305-DRH Elizabeth Howard
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13576-DRH Jolene Jaquez
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13422-DRH Cheryl Kan.
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13419-DRH Rebecca Kinsey
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13463-DRH Karen Kirk
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10115-DRH Melissa Laws
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13464-DRH Amber Melvin
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13312-DRH Amanda Montgomery
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13577-DRH Deshinae Petetant
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13432-DRH Sonya and Martin Porges
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13303-DRH Caurie Putnam
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10117-DRH Carole Reed
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13496-DRH Chantelle Sawyer
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10036-DRH Lisa Shortridge
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10043-DRH Ashley Trejo
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10057-DRH Debra Ward
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:12-cv-10041-DRH Chiquita Warren
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13306-DRH Whitney Wauters
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13618-DRH Kate Wilson
v.
Bayer HealthCare Pharmaceuticals, Inc., et al. No. 3:11-cv-13313-DRH

ORDER DISMISSING WITH PREJUDICE

David R. Herndon Chief Judge United States District Court.

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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