Hills v. Bayer Corporation et al

Filing 9

ORDER granting 8 Motion to Dismiss. Signed by Chief Judge David R. Herndon on 7/12/2011. (dsw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
_________________________________________________
IN RE: YASMIN AND YAZ (DROSPIRENONE)
)
MARKETING, SALES PRACTICES AND
)
PRODUCTS LIABILITY LITIGATION
)
________________________________________________

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

This Document Relates to:
Debra Allen v. Bayer HealthCare
Pharmaceuticals Inc., et al.

No. 3:10-cv-13751-DRH-PMF

Jessica Dunn v. Bayer Corp., et al.

No. 3:10-cv-13654-DRH-PMF

Faith Francis v. Bayer HealthCare
Pharmaceuticals Inc., et al.

No. 3:10-cv-12504-DRH-PMF

Rebecca Garlick v. Bayer HealthCare
Pharmaceuticals Inc., et al.

No. 3:10-cv-13281-DRH-PMF

Brenda Harding v. McKesson Corp., et al.

No. 3:10-cv-20406-DRH-PMF

Angela Hills v. Bayer Corp., et al.

No. 3:10-cv-13497-DRH-PMF

Elizabeth Radimak, et al. v. Bayer
HealthCarePharmaceuticals Inc., et al. 1 No. 3:10-cv-13127-DRH-PMF
Monica Wilkinson v. Bayer HealthCare
Pharmaceuticals Inc., et al.

No. 3:10-cv-13528-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 actions
without prejudice (filed on June 6, 2011). Plaintiff’s responsive pleading was due
1

This Order applies to plaintiff Christina Weymouth.

on or before July 11, 2011. To date, Plaintiffs have not responded to Bayer’s
motion.
In each of the above captioned cases the Court granted a motion to
withdraw filed by each plaintiff’s counsel (Francis Doc. 9; GarlickDoc. 10; §ills
Doc. 7; RadimakDoc. 10; Allen Doc. 8 Dunn Doc. 11; Harding Doc. 20;
Wilkinson Doc. 8). Brockman DOC. 16 (11/18/10); CardinaleDOC. 11 (11/29/10);
MixonDOC. 7 (11/29/10); Rowe DOC. 9 (11/29/10)). In each case, the Order
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 under Federal Rule of Civil Procedure
41(b) for failure to prosecute or to comply with the orders of this Court, including
failure to comply with the Plaintiff Fact Sheet requirements.” To date, and in
violation of the Order and Local Rule 83.1(g), plaintiffs have not filed a
supplementary appearance.
Pursuant to Federal Rule of Civil Procedure 41(b), a complaint may
be involuntarily dismissed where a Plaintiff fails to prosecute or to comply with
the rules or a court order. See Fed. R. Civ. P. 41(b). In the above captioned
cases, Plaintiffs have failed to comply with this Court’s Order and with Local Rule
83.1(g).
In addition, each plaintiff’s failure to file an appearance has
prejudiced Bayer. In each of these matters, a Plaintiff Fact Sheet was due on or
before May 5, 2011. To date, and in violation of Case Management Order 12,

Plaintiffs’ have not served a fact sheet. Thus, the Plaintiff Fact Sheets are more
than one month overdue.
Accordingly, for the reasons stated herein, plaintiffs’ actions are
hereby dismissed without prejudice.
SO ORDERED.

David R. Herndon
2011.07.12
14:00:43 -05'00'
Chief Judge
United States District Court

Date: July 12, 2011