Galligan v. Bayer Corporation et al

Filing 13

ORDER granting 12 Motion to Dismiss. Signed by Chief Judge David R. Herndon on 4-18-2011. (dsw)

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

X

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

:

3:09-md-02100-DRH-PMF

:

MDL No. 2100

-----------------------------------------------------------This Document Relates to:

:

:
Judge David R. Herndon
ORDER DISMISSING WITHOUT
PREJUDICE

Loren Adams v. Bayer HealthCare Pharms.
Inc., et al. No. 3:10-cv-11739-DRH-PMF
Lindsay Galligan v. Bayer Corp., et al. No.
3:10-cv-11236-DRH-PMF
ORDER
HERNDON, Chief Judge:
This matter is before the Court on defendant Bayer HealthCare
Pharmaceuticals Inc.’s (“Bayer”) motion to dismiss the above captioned action
without prejudice. To date, plaintiff has not responded to Bayer’s motion.
On March 14, 2011, the Court granted a motion to withdraw filed by
Plaintiff’s counsel in each of the above-captioned matters. (AdamsDoc. 8;
GalliganDoc. 11).The Orders provided that, “[i]f Plaintiff or her new counsel fails
to file a supplementary appearance within 21 days of the entry of this Order,
Plaintiff’s action will be subject to dismissal without prejudice for failure to
comply with this Order and with her Plaintiff Fact Sheet requirements.” (Adams

Doc. 8 at 2; GalliganDoc. 11 at 2). To date, and in violation of the Order and
Local Rule 83.1(g), plaintiffs have not filed supplementary appearances.
Plaintiffs must comply with the Local Rules and this Court’s orders.
Fed.R. Civ. P. 41(b).In addition, plaintiff’s failure to file an appearance has
prejudiced Bayer. Bayer has answered each of the complaints (AdamsDoc. 5;
GalliganDoc. 5), meaning that these Plaintiffs should have Plaintiff Fact Sheet
obligations.To date, and in violation of Case Management Order 12, plaintiffs have
not served a PFS.
Accordingly, for the reasons stated herein, plaintiffs’ actions are
hereby dismissed without prejudice.
SO ORDERED.

Digitally signed by
David R. Herndon
Date: 2011.04.18
12:04:35 -05'00'
Chief Judge
United States District Court

Date: April 18, 2011