Redick et al v. Bayer Corporation et al

Filing 9

ORDER granting 8 Motion to Dismiss. The claims of plaintiff Carrie Hamilton are 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 AT THE CLOSE OF THE CASE. 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

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

This Document Relates to:
Rene Cauchi, et al. v.
Bayer HealthCare Pharmaceuticals, Inc., et al.

1

Vera Conner, et al. v.
Bayer HealthCare Pharmaceuticals, Inc., et al.

2

Kaitlyn Lester, et al. v. Bayer Corp., et al. 3

No. 3:11-cv-13223-DRH-PMF
No. 3:11-cv-13149-DRH-PMF
No. 3:11-cv-13373-DRH-PMF

Elizabeth Moore-Berry, et al. v.
No. 3:11-cv-13131-DRH-PMF
4
Bayer HealthCare Pharmaceuticals, Inc., et al.
Roseanna Morris, et al. v. Bayer Corp., et al. 5

No. 3:11-cv-13374-DRH-PMF

Adria Redick, et al. v. Bayer Corp., et al. 6

No. 3:11-cv-13372-DRH-PMF

1

This order applies only to plaintiff Rene Cauchi.

2

This order applies only to plaintiff Cheryl McMillan.

3
4
5
6

This order applies only to plaintiffs Brentney Shelbourne-Green and Tiahna Reid.
This order applies only to plaintiff Elizabeth Moore-Berry.
This order applies only to plaintiff Roseanna Morris.
This order applies only to plaintiff Carrie Hamilton.

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
matters, with prejudice for failure to comply with Plaintiff Fact Sheet (“PFS”)
obligations. 7
On July 2, 2012, Bayer HealthCare Pharmaceuticals Inc. moved to dismiss
the above captioned matters without prejudice for failure to comply with PFS
obligations. 8 The Court granted the motion on September 21, 2012. 9
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.” 10
On March 28, 2013, more than 60 days after the entry of the order of
dismissal without prejudice, Bayer HealthCare Pharmaceuticals Inc. filed the
subject motion stating that the specified plaintiffs are still not in compliance with

7

The motion to dismiss filed by Bayer HealthCare Pharmaceuticals Inc. on March 28, 2013 sought
dismissal of certain plaintiffs in numerous member actions. This order addresses the multiplaintiff actions where no responsive pleading was filed. The single plaintiff actions (including
actions involving consortium claims) and the member actions where a responsive pleading was
filed are addressed in separate orders.
8
Cauchi D.E. Conner D.E. 6; 6; Lester; D.E. 6; Moore-Berry D.E. 6; Morris D.E. 6; Redick D.E. 6.
9
10

Cauchi D.E. 7;. Conner D.E. 7; Lester D.E. 7; Moore-Berry D.E. 7; Morris D.E. 7; Redick D.E. 6.

Cauchi D.E. 7;. Conner D.E. 7; Lester D.E. 7; Moore-Berry D.E. 7; Morris D.E. 7; Redick D.E. 6
(emphasis in original).
.

their PFS 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 28, 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 of their claims.
Having considered the motion and the relevant provisions of CMO 12 the
Court ORDERS as follows:
The specified 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 CMO 12. Accordingly, pursuant to Section E of CMO 12, the claims
of the specified plaintiffs in the above captioned actions are hereby dismissed
WITH prejudice.

Further, the Court DIRECTS the Clerk of the Court to enter judgment
reflecting the same at the close of the above captioned cases.
SO ORDERED:

Digitally signed by
David R. Herndon
Date: 2013.05.20
13:49:12 -05'00'
Chief Judge
United States District Court

Date: May 20, 2013