Charton v. Bayer Corporation et al

Filing 8

ORDER, Granting in Part and Denying in Part 7 MOTION to Withdraw and MOTION for continuance. The motion for leave to withdraw as counsel of record For Plaintiff Pamela Chartonis GRANTED. The motion for continuance of the discovery deadlines in CMO 61 is DENIED. Attorney Karen L. Karavatos and Mark P. Robinson, Jr terminated.. Signed by Chief Judge David R. Herndon on 7/16/2013. (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

-----------------------------------------------------------Charton v. Bayer Corporation. et al No.
3:11-cv-10938-DRH-PMF

Judge David R. Herndon
ORDER

ORDER GRANTING LEAVE TO WITHDRAW
and
DENYING CONTINUANCE OF DISCOVERY DEADLINE IN CMO 61
HERNDON, Chief Judge:
The movant has filed a motion seeking leave to withdraw as counsel of
record for the above captioned plaintiff. The movant indicates that the plaintiff
has become entirely nonresponsive to repeated contact efforts. Accordingly, the
movant is seeking leave to withdraw as counsel of record. In addition, movant
notes that under the Gallbladder Resolution Program Requirements (CMO 60 and
CMO 61) the plaintiff is subject to certain deadlines. This includes a July 22,
2013 discovery deadline provided for in CMO 61. The movant asks the Court to
continue the July 22, 2013 discovery deadline to safeguard against any prejudice
to the plaintiff.
After

considering

the

movant’s

motion, the

Court

finds

that

the

requirements of Local Rule 83.1 and of the applicable provisions of the Rules of

Professional Conduct pertaining to withdrawal of counsel have been satisfied.
The motion for leave to withdraw as counsel of record is GRANTED.
The motion for continuance of the discovery deadlines in CMO 61 is
DENIED. The plaintiff’s refusal to communicate with counsel is not grounds for
extending discovery deadlines. Further, CMO 61 expressly provides as follows:
Plaintiffs who fail to fully comply with the requirements of this Order
shall be
given notice of such failure by e-mail or fax from
Defendants’ Liaison Counsel or his designee and shall be provided
thirty (30) additional days to cure such deficiency (“Cure Period”).
No other extensions will be granted. If Plaintiff fails to cure the
deficiency within the Cure Period, Defendant’s Liaison Counsel or his
designee shall file a Motion to Show Cause why the Gallbladder
Claim should not
be dismissed with prejudice. Plaintiff shall
thereupon have thirty (30) days to respond to the Notice to Show
Cause. Any failure to respond to the Motion within the required
period of time shall lead to the dismissal of the Gallbladder Claim
with prejudice, except for good cause shown
MDL 2100 Doc. 2740 (CMO 61) ¶ II.E . To the extent that the plaintiff fails to meet
applicable deadlines, those failures will be addressed in accord with the
applicable provisions provided for in CMOs 60 and CMO 61.
Further, the Court ORDERS as follows:
1. The Court directs movant to serve a copy of this order of withdrawal within
7 days upon all counsel of record and upon unrepresented parties as
required by Local Rule 83.1.
2. Supplementary Entry of Appearance: Should plaintiff choose to continue
pursuing this action, plaintiff or her new counsel must file a
supplementary entry of appearance within 21 days of the entry of this
Order.
3. If plaintiff or her new counsel fails to file a supplementary entry of
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.
4. If plaintiff fails to meet deadlines in CMOs 60 or 61, her claims will be
subject to dismissal as provided for in CMOs 60 and 61.
SO ORDERED:

Digitally signed by
David R. Herndon
Date: 2013.07.16
17:57:39 -05'00'
Chief Judge
United States District Court

Date: July 16, 2013