Davis v. Bayer Corp et al

Filing 31

ORDER DISMISSING CASE without prejudice. This matter is terminated from the Court's docket. Signed by Judge David R. Herndon on 12/21/2015. (dsw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
------------------------------------------------------------

X

IN RE YASMIN AND YAZ (DROSPIRENONE)
MARKETING, SALES PRACTICES AND
PRODUCTS LIABILITY LITIGATION

3:09-md-02100-DRH-PMF
MDL No. 2100

-----------------------------------------------------------Judge David R. Herndon

This Document Relates to:
Davis v. Bayer Corp et al. No. 3:09-cv-20112-DRH-PMF
Shaw v. Bayer Healthcare Pharmauceuticals,
Inc. et al. No. 3:10-cv-10915-DRH-PMF
Jones v. Bayer Corporation et al. No. 3:10-cv11424-DRH-PMF
Bryant v. Bayer Corporation et al. No. 3:10-cv13526-DRH-PMF
Foreman et al. v. Bayer Corporation et al. No.
3:10-cv-20190-DRH-PMF 1
Harvey et al v. Bayer Healthcare
Pharmaceuticals, Inc. et al. No. 3:11-cv-10024DRH-PMF 2
Kieffer v. Bayer Healthcare Pharmaceuticals
Inc. et al. No. 3:11-cv-11577 -DRH-PMF
Rodriguez v. Bayer Corporation et al. No.
3:12-cv-11676-DRH-PMF
Garcia et al v. Bayer Healthcare
Pharmaceuticals, Inc. et al. No. 3:14-cv-10163DRH-PMF 3
1

This Order applies to plaintiff Alide Nunez only.
This Order applies to plaintiff Angela Harvey only. As all other plaintiffs have previously been
dismissed, this order closes the case and the matter will be terminated from the Court’s docket.
2

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Najduch et al v. Bayer Healthcare
Pharmaceuticals, Inc. et al. No. 3:14-cv-10173DRH-PMF 4
Nachreiner v. Bayer Corp et al. No. 3:15-yz00360-DRH-PMF
Savage v. Bayer Corp et al. No. 3:15-yz00376-DRH-PMF
ORDER GRANTING DISMISSAL WITHOUT PREJUDICE
HERNDON, District Judge:
This matter is before the Court on Defendant’s (Bayer HealthCare
Pharmaceuticals Inc.) motions for an order dismissing the above captioned
plaintiffs’ claims without prejudice for failure to file an appearance as required by
this Court’s Order and Local Rule 83.1(g)(2).
In each of the above captioned cases, the Court granted a motion to
withdraw filed by counsel. The orders granting leave to withdraw expressly
provided that if the subject plaintiff (or her new counsel) failed to file a timely
supplementary entry of appearance, the action would be subject to dismissal
without prejudice under Federal Rule of Civil Procedure 41(b) for failure to
prosecute or to comply with the orders of this Court. To date, and in violation of
this Court’s orders and Local Rule 83.1(g), the above captioned plaintiffs have not
filed a supplementary appearance. In addition, the above captioned plaintiffs have
not responded to the pending motions to dismiss.

3
4

This Order applies to plaintiff Yvonne Garcia only.
This Order applies to plaintiff Gloria Valez only.

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The plaintiffs must comply with the Local Rules and this Court’s orders.
Fed. R. Civ. P. 41(b). Accordingly, for the reasons stated herein, the claims of the
above captioned plaintiffs are hereby DISMISSED without prejudice. To the
extent that all plaintiffs in the above captioned actions have been dismissed, the
Court directs the Clerk to terminate the action from the Court’s docket.
IT IS SO ORDERED.
Signed this 21st day of December, 2015.

Digitally signed
by Judge David
R. Herndon
Date: 2015.12.21
14:24:50 -06'00'
United States District Judge

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