Carrion et al v. Bayer Corporation et al
Filing
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ORDER granting 9 Motion to Dismiss WITH prejudice as to the claims of plaintiffs Andria Bowman and Elizabeth Carrion for failure to comply with PFS requirements. The Court instructs 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 7/17/2013. (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:
Elizabeth Carrion, et al. v. Bayer Corp., No. 3:12-cv-10704-DRH-PMF
et al. 1
April Dugger, et al. v.
No. 3:11-cv-12436-DRH-PMF
Bayer HealthCare Pharmaceuticals Inc., et al. 2
Jordon Henderson, et al. v. Bayer Corp., No. 3:12-cv-10700-DRH-PMF
et al. 3
Paula Krutilek, et al. Bayer Corp., et al. 4 No. 3:12-cv-10698-DRH-PMF
Elizabeth Stillion, et al. v. Bayer Corp.,
et al. 5
No. 3:12-cv-10855-DRH-PMF
ORDER DISMISSING WITH PREJUDICE
HERNDON, Chief Judge:
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.
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This
This
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motion
motion
motion
motion
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plaintiffs Andria Bowman and Elizabeth Carrion.
plaintiff April Dugger.
plaintiffs Mychelle Dixson, Courtney Green and Jordon Henderson.
plaintiffs Paula Krutilek, Gaynell Walters, and Michelle Wright.
plaintiff Monica McClary.
On February 8, 2013, Bayer HealthCare Pharmaceuticals Inc. moved to
dismiss the above captioned matters without prejudice for failure to comply with
PFS obligations. The Court granted the motion on March, 11, 2013.
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.”
On May 20, 2013, Bayer HealthCare Pharmaceuticals Inc. filed the subject
motion stating the plaintiffs are still not in compliance with their PFS obligations
and asking the Court to convert the dismissals to dismissals with prejudice
pursuant to Section E of CMO 12,
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
CMO 12. Accordingly, pursuant to Section E of CMO 12, the plaintiffs’
complaints are hereby dismissed WITH prejudice.
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Further, the Court DIRECTS the Clerk of the Court to enter judgment
reflecting the same at the close of the case.
SO ORDERED:
Digitally signed by
David R. Herndon
Date: 2013.07.17
16:00:17 -05'00'
Chief Judge
United States District Court
Date: July 17, 2013
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