July 16, 2013
IN RE YASMIN AND YAZ DROSPIRENONE MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION, MDL, 2100 Kimberly Busam, et al.,
Bayer Corp., et al. No. 3:12-cv-10690-DRH-PMF
ORDER DISMISSING WITH PREJUDICE AS TO PLAINTIFF LINDSAY PERROTTA
David R.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 claims of plaintiff Lindsay Perrotta with prejudice.
On February 8, 2013, Bayer HealthCare Pharmaceuticals, Inc. moved to dismiss the claims of plaintiff Lindsay Perrotta without without prejudice for failure to comply with PFS obligations. The Court granted the motion on March 11, 2013.
In the order dismissing the above captioned action, the Court warned the plaintiff 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 May 20, 2013, Bayer HealthCare Pharmaceuticals Inc. filed the subject motion stating the plaintiff is still not in compliance with her PFS obligations and asking the Court to convert the dismissal into a dismissal with prejudice pursuant to Section E of CMO 12,
To date, the plaintiff has not taken any steps to cure the PFS deficiencies, to address the without prejudice dismissal, or to reply to the motion for dismissal with prejudice. The plaintiff has 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 plaintiff has failed to comply with her 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 complaint is hereby dismissed WITH prejudice.
Further, the Court DIRECTS the Clerk of the Court to enter judgment reflecting the same at the close of the case.