Carroll v. Bayer Healthcare Pharmaceuticals Inc. et al

Filing 15

ORDER granting 11 Motion to Dismiss (as to plaintiff Kasey Smith only). Signed by Chief Judge David R. Herndon on 8/25/2011. (dsw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS

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

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3:09-md-02100-DRH-PMF
MDL No. 2100
ORDER GRANTING
DISMISSAL WITHOUT
PREJUDICE

This Document Relates to:
Erika Balli, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al.1 No. 3:10-cv-13126-DRH-PMF
Jordan Barker v. Bayer HealthCare
Pharmaceuticals Inc., et al. No. 3:10-cv-13648-DRH-PMF
Nicole Carroll, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al.2 No. 3:10-cv-12350-DRH-PMF
S.B., a Minor, by and through her Next Friend
Sharon Billings v. Bayer HealthCare
Pharmaceuticals Inc., et al. No. 3:10-cv-13723-DRH-PMF

ORDER GRANTING DISMISSAL WITHOUT PREJUDICE
This matter is before the Court on Bayer HealthCare Pharmaceuticals
Inc.’s (“Bayer”) motion for an order dismissing plaintiffs’ claims, in the above
captioned matters, without prejudice for failure to file an appearance as required
by Local Rule 83.1(g)(2).

1

This motion applies to Plaintiff Samantha Stovall only.

2

This motion applies to Plaintiff Kasey Smith only.

On June 20, 2011, the Court granted motions to withdraw filed by
Plaintiffs’ counsel in the Balli, Barker, Carroll, and S.B. matters. (Balli Doc. 12;
Barker Doc. 9; Carroll Doc. 9; S.B. Doc. 7.) The Court noted that Plaintiffs’ Fact
Sheets “are significantly overdue,” and it further noted the “numerous attempts
[Plaintiffs’] counsel has made to communicate with plaintiffs regarding their
Plaintiff Fact Sheet obligations (all of which have been ignored).” Now, in addition
to having long overdue Fact Sheets, Plaintiffs have not filed a supplementary
appearance as required by Local Rule 83.1(g).
Plaintiffs must comply with the Local Rules and this Court’s orders.
Fed. R. Civ. P. 41(b). In addition, Plaintiffs’ delay and apparent disinterest in this
litigation has prejudiced Bayer. Their Plaintiff Fact Sheets were due on or before
April 24, 2011.3 To date, and in violation of CMO 12, Plaintiffs have not served a
fact sheet.4

Bayer answered the Balli complaint on February 18, 2011, the Barker complaint on March 10,
2011, the Carroll complaint on March 9, 2011, and the S.B. complaint on March 9, 2011. (Balli
Doc. 7; Barker Doc. 6; Carroll Doc. 7; S.B. Doc. 5).

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4

The fact sheets are more than two months overdue. Bayer served a Plaintiff Fact Sheet
delinquency letter on Samantha Stovall on May 3, 2011; plaintiff’s counsel moved to withdraw
on June 9, 2011. Bayer served a Plaintiff Fact Sheet delinquency letter on Jordan Barker on May
23, 2011; plaintiff’s counsel moved to withdraw on June 10, 2011. Bayer served a Plaintiff Fact
Sheet delinquency letter on Kasey Smith on May 23, 2011; plaintiff’s counsel moved to
withdraw on June 13, 2011. Bayer served a Plaintiff Fact Sheet delinquency letter on S.B., a
minor, by and through her next friend Sharon Billings on May 23, 2011; plaintiff’s counsel
moved to withdraw on June 9, 2011. (Balli Doc. 14 p. 2 n.4; Barker Doc. 10 p.2 n.4; Carroll
Doc. 11 p.2 n.4; S.B. Doc. 8 p.2 n.4).

2

Accordingly, for the reasons stated herein, plaintiffs’ actions are
hereby dismissed without prejudice.
SO ORDERED.

Digitally signed by
David R. Herndon
Date: 2011.08.25
16:13:42 -05'00'
Chief Judge
United States District Court

Date: August 25, 2011

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