Gerling v. Bayer Corporation et al

Filing 49

ORDER granting 45 Motion to Vacate 44 Order on Motion to Dismiss. Plaintiff's case is hereby reinstated. Signed by Chief Judge David R. Herndon on 12/10/2010. (dsw)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS _________________________________________ ) IN RE YASMIN AND YAZ (DROSPIRENONE)) 3:09-md-02100-DRH-PMF MARKETING, SALES PRACTICES AND ) PRODUCTS LIABILITY LITIGATION ) MDL No. 2100 _________________________________________ ) ORDER This Document Relates to: Shelia Bennett v. Bayer Corp. et al. No. 3:10-cv-10150-DRH-PMF Gerling v. Bayer Corporation et al. No. 3:09-cv-10026-DRH-PMF ORDER HERNDON, Chief Judge: Plaintiffs in the above captioned actions have filed motions to vacate (Bennett, Doc. 21; Gerling, Doc. 45) the order of dismissal entered on October 29, 2010 (Bennett, Doc. 20; Gerling, Doc. 44) for failure to comply with the Plaintiff Fact Sheet Requirements found in Case Management Order Number 12. Plaintiffs state that they have since submitted a completed Plaintiff Fact Sheet and are now in compliance with the requirements of Case Management Order Number 12 (Bennett, Doc. 21; Gerling, Doc. 45). Bayer is not opposed to Plaintiffs' motions (Bennett, Doc. 22; Gerling, Doc. 47). Accordingly, the Court hereby ORDERS as follows: The Order dismissing without prejudice Plaintiff Sheila Bennett's case (Bennett, 3:10-cv-10150 Doc. 20) is vacated and Plaintiff's case is thereby reinstated. The Order dismissing without prejudice Plaintiff Carrie Gerling's case (Gerling, 3:09-cv-10026 Doc. 44) is vacated and Plaintiff's case is thereby reinstated. SO ORDERED: David R. Herndon 2010.12.10 06:34:33 -06'00' Chief Judge United States District Court Date: December 10, 2010

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