Haley et al v. Bayer Healthcare Pharmaceuticals Inc. et al

Filing 25

ORDER granting 23 Motion to Vacate. Movant seeks to vacate the without prejudice dismissal 5 entered for failure to comply with PFS obligations as to certain plaintiffs. Bayer states that it is not opposed to the motion to vacate. Accordingly the Court hereby vacates the order of dismissal 5 as to the following plaintiffs and directs the Clerk of the Court to reinstate the same: Emily De La Cruz, Andrea Ferris, Sarah Fleck, Austin Frazier, Patricia Garcia, Rachel Locken, Nicole Love, Kylie Pulliam, Michelle Rhodes, Allison Tinder, and Sarah Vine. Signed by Chief Judge David R. Herndon on 6/5/2012. (dsw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
_________________________________________
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IN RE YASMIN AND YAZ (DROSPIRENONE))
3:09-md-02100-DRH-PMF
MARKETING, SALES PRACTICES AND
)
PRODUCTS LIABILITY LITIGATION
)
MDL No. 2100
_________________________________________
)
ORDER
VACATING DISMISSAL
This Document Relates to:
Natasha Haley, et al. v.
Bayer HealthCare Pharmaceuticals, Inc., et al.

No. 3:11-cv-12892-DRH-PMF 1

ORDER
HERNDON, Chief Judge:
On March 1, 2012, the Court granted Bayer defendants’ motion to dismiss
without prejudice the claims of certain plaintiffs for failure to comply with their
Plaintiff Fact Sheet (PFS) requirements.

On April 26, 2012, plaintiffs filed a

motion to vacate the order of dismissal as to twenty-four plaintiffs.

Bayer

responded, stating that eleven of the twenty-four plaintiffs had not fully complied
with their PFS obligations. With regard to the eleven purportedly non-compliant
plaintiffs (Emily De La Cruz, Andrea Ferris, Sarah Fleck, Austin Frazier, Patricia
Garcia, Rachel Locken, Nicole Love, Kylie Pulliam, Michelle Rhodes, Allison
Tinder, and Sarah Vine), the Court denied the motion to vacate.

1

This order applies to the following Plaintiffs: Emily De La Cruz, Andrea Ferris,
Sarah Fleck, Austin Frazier, Patricia Garcia, Rachel Locken, Nicole Love, Kylie
Pulliam, Michelle Rhodes, Allison Tinder, and Sarah Vine.

These eleven plaintiffs have filed a renewed motion to vacate the order
dismissing their actions. Bayer has responded stating that it is not opposed to
the renewed motion to vacate.
Accordingly, the Court hereby VACATES the orders dismissing without
prejudice the claims of the following plaintiffs and directs the Clerk of the Court
to REINSTATE the same:
1. Emily De La Cruz
2. Andrea Ferris
3. Sarah Fleck
4. Austin Frazier
5. Patricia Garcia
6. Rachel Locken
7. Nicole Love
8. Kylie Pulliam
9. Michelle Rhodes
10.

Allison Tinder

11.

Sarah Vine

SO ORDERED:

Digitally signed by
David R. Herndon
Date: 2012.06.05
11:28:16 -05'00'
Chief Judge
United States District Court

Date: June 5, 2012