Walton v. Bayer Corporation et al
Filing
48
ORDER granting 46 Motion to Dismiss with prejudice pursuant to CMO 12. Signed by Chief Judge David R. Herndon on 10/18/2010. (dsw)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS ______________________________________________________________________ IN RE: YASMIN AND 3:09-md-02100-DRHYAZ PMF (DROSPIRENONE) ) MDL No. 2100 MARKETING, SALES ) PRACTICES AND ) PRODUCTS ) LIABILITY ) LITIGATION _________________________________________________________________________ This Document Relates to: Hannah Nall v. Bayer Corp. et al. No. 3:10-cv-10023-DRH-PMF Cathy Walton v. Bayer Corp. et al. No. 3:09-cv-10217-DRH-PMF ORDER This matter is before the Court on Defendant Bayer HealthCare Pharmaceuticals Inc.'s motion, pursuant to Case Management Order 12 ("CMO 12"), for an Order dismissing Plaintiffs' claims in the above-captioned matters with prejudice for failure to comply with their Plaintiff Fact Sheet ("PFS") obligations. On July 8, 2010, Bayer HealthCare Pharmaceuticals Inc. moved to dismiss the above-captioned matters without prejudice for failure to comply with PFS obligations. (Nall 3:10-cv-10023 Doc. 20; Walton 3:09-cv-10217 Doc. 44.) The Court granted the motion on August 12, 2010. (Nall. 3:10-cv-10023 Doc. 21; Walton 3:09-cv-10217 Doc. 45.) More than 60 days since the entry of the order of
dismissal without prejudice has passed, and neither Plaintiff has complied with her PFS obligations. Accordingly, pursuant to Section E of CMO 12, Defendant Bayer HealthCare Pharmaceuticals Inc. requests an Order converting the dismissal without prejudice to a dismissal with prejudice. Having considered the motion and the relevant provisions of CMO 12 the Court ORDERS as follows: 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, Plaintiffs complaints are hereby dismissed with prejudice. SO ORDERED:
David R. Herndon 2010.10.18 15:27:47 -05'00'
Chief Judge United States District
Date: October 18, 2010
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