Morrison v. Bayer Healthcare Pharmaceuticals Inc. et al

Filing 9

ORDER granting 8 Motion to Dismiss. The matter is dismissed WITH prejudice for failure to comply with Plaintiff Fact Sheet Requirements. FURTHER, the Court DIRECTS the Clerk of the Court to ENTER JUDGMENT reflecting the same. Signed by Chief Judge David R. Herndon on 5/20/2013. (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

This Document Relates to:
Kara Abbott v. Bayer Corp, et al.

No. 3:11-cv-13122-DRH-PMF

Melissa Aiger v.
Bayer HealthCare Pharmaceuticals,
Inc., et al.

No. 3:11-cv-13294-DRH-PMF

Emily Blevins v.
Bayer HealthCare Pharmaceuticals,
Inc., et al.

No. 3:11-cv-13011-DRH-PMF

Shaina Collins v. Bayer Corp., et al.

No. 3:11-cv-13108-DRH-PMF

Andrea Hollowell v. Bayer Corp., et al.

No. 3:11-cv-13229-DRH-PMF

Melissa Johnson v.
Bayer HealthCare Pharmaceuticals,
Inc., et al.

No. 3:11-cv-11996-DRH-PMF

Elizabeth Law v.
Bayer HealthCare Pharmaceuticals,
Inc., et al.

No. 3:11-cv-13240-DRH-PMF

Karan and Ruy Lozano v. Bayer Corp.,
et al.

No. 3:11-cv-13205-DRH-PMF

Marissa Lytle v.
Bayer HealthCare Pharmaceuticals,
Inc., et al.

No. 3:11-cv-12586-DRH-PMF

Marilou Mewborn v.
Bayer HealthCare Pharmaceuticals,
Inc., et al.

No. 3:11-cv-13274-DRH-PMF

Amy and Brian Monroe v.
Bayer HealthCare Pharmaceuticals,
Inc., et al.

No. 3:11-cv-13238-DRH-PMF

Sharon Morrison v.
Bayer HealthCare Pharmaceuticals,
Inc., et al.

No. 3:11-cv-12706-DRH-PMF

Heather Norris v.
Bayer HealthCare Pharmaceuticals,
Inc., et al.

No. 3:11-cv-13241-DRH-PMF

Amanda and Robert Perkins v.
Bayer HealthCare Pharmaceuticals,
Inc., et al.

No. 3:11-cv-13230-DRH-PMF

Rhanda Smith v.
Bayer HealthCare Pharmaceuticals,
Inc., et al.

No. 3:11-cv-12090-DRH-PMF

Laura Tenorio v.
Bayer HealthCare Pharmaceuticals,
Inc., et al.

No. 3:12-cv-20002-DRH-PMF

Karen Wafa v.
Bayer HealthCare Pharmaceuticals,
Inc., et al.

No. 3:11-cv-13203-DRH-PMF

Tina Westmoreland v.
Bayer HealthCare Pharmaceuticals,
Inc., et al.

No. 3:11-cv-13239-DRH-PMF

Rukaiyah Williams v.
Bayer HealthCare Pharmaceuticals,
Inc., et al.

No. 3:11-cv-13287-DRH-PMF

ORDER DISMISSING WITH PREJUDICE
This matter is before the Court on the defendant Bayer HealthCare
Pharmaceuticals Inc.’s motion, pursuant to Case Management Order 12 (“CMO
12”), for an order dismissing the plaintiffs’ claims, in the above-captioned

2

matters, with prejudice for failure to comply with Plaintiff Fact Sheet (“PFS”)
obligations. 1
On June 29, 2012, Bayer HealthCare Pharmaceuticals Inc. moved to
dismiss the above captioned matters without prejudice for failure to comply with
PFS obligations. 2 The Court granted the motion on August 20, 2012. 3
In the order dismissing the above captioned actions, the Court warned the
plaintiffs that, “pursuant to CMO 12 Section E, unless plaintiffs serve
defendants with a COMPLETED PFS or move to vacate the dismissal without
prejudice within 60 days after entry of this Order, the Order will be
converted to a Dismissal With Prejudice upon defendants’ motion.” 4
On March 27, 2013, more than 60 days after the entry of the order of
dismissal without prejudice, Bayer HealthCare Pharmaceuticals Inc. filed the
subject motion stating the plaintiffs are still not in compliance with their PFS

1

The motion to dismiss filed by Bayer HealthCare Pharmaceuticals Inc. on March 27, 2013 sought
dismissal of certain plaintiffs in 30 member actions. This order addresses the single plaintiff
actions (including actions involving consortium claims) where no responsive pleading was filed.
The multi-plaintiff member actions and the member actions where a responsive pleading was filed
are addressed in separate orders.
2

Abbott DOC. 8; Aiger DOC. 8; Blevins DOC. 6; Collins DOC. 6; Hollowell DOC. 11; Johnson
DOC. 6; Law DOC. 6; Lozano DOC. 10; Lytle DOC. 7; Mewborn DOC. 6; Monroe DOC. 6; Morrison
DOC. 6; Norris DOC. 6; Perkins DOC. 6; Smith DOC. 6; Tenorio DOC. 11; Wafa DOC. 6;
Westmoreland DOC. 6; Williams DOC. 8.
3

Abbott DOC. 9; Aiger DOC. 9; Blevins DOC. 7; Collins DOC. 7; Hollowell DOC. 12; Johnson
DOC. 7; Law DOC. 7; Lozano DOC. 11; Lytle DOC. 8; Mewborn DOC. 7; Monroe DOC. 7; Morrison
DOC. 7; Norris DOC. 7; Perkins DOC. 7; Smith DOC. 7; Tenorio DOC. 12; Wafa DOC. 7;
Westmoreland DOC. 7; Williams DOC. 9.
Abbott DOC. 9; Aiger DOC. 9; Blevins DOC. 7; Collins DOC. 7; Hollowell DOC. 12; Johnson
DOC. 7; Law DOC. 7; Lozano DOC. 11; Lytle DOC. 8; Mewborn DOC. 7; Monroe DOC. 7; Morrison
DOC. 7; Norris DOC. 7; Perkins DOC. 7; Smith DOC. 7; Tenorio DOC. 12; Wafa DOC. 7;
Westmoreland DOC. 7; Williams DOC. 9 (emphasis in original).
4

3

obligations and asking the Court to convert the dismissals to dismissals with
prejudice pursuant to Section E of CMO 12,
The Court notes that, pursuant to Section E of CMO 12, “[u]nless Plaintiff
has served Defendants with a completed PFS or has moved to vacate the
dismissal without prejudice within 60 days after entry of any such Order of
Dismissal without Prejudice, the order will be converted to a Dismissal With
Prejudice upon Defendants’ motion.” (MDL 2100 Doc. 836) (emphasis added).
Accordingly, the Court could have immediately converted the above captioned
dismissals to dismissals with prejudice on March 27, 2013, the day Bayer
HealthCare Pharmaceuticals Inc. filed the subject motion. More than 30 days have
passed since Bayer HealthCare Pharmaceuticals Inc.’s motion was filed. Thus, the
plaintiffs have had ample time to cure the any PFS deficiencies and avoid a with
prejudice dismissal.
Having considered the motion and the relevant provisions of CMO 12 the
Court ORDERS as follows:
The plaintiffs in the above captioned actions have failed to comply with
their obligations pursuant to CMO 12 and more than 60 days have passed since
the entry of the order of dismissal without prejudice for failure to comply with

4

CMO 12. Accordingly, pursuant to Section E of CMO 12, the plaintiffs’
complaints are hereby dismissed WITH prejudice.
Further, the Court DIRECTS the Clerk of the Court to enter judgment
reflecting the same.
SO ORDERED:

Digitally signed by
David R. Herndon
Date: 2013.05.20
11:15:09 -05'00'
Chief Judge
United States District Court

Date: May 20, 2013

5