Gipson v. Bayer Healthcare Pharmaceuticals, Inc. et al

Filing 13

ORDER DISMISSING CASE -- GRANTING 12 MOTION for Order to - Defendants' Motion to Dismiss Without Prejudice for Failure to Prosecute filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc. Signed by Chief Judge David R. Herndon on 9/10/14. (klh, )

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:

Chief Judge David R. Herndon

Gipson v. Bayer HealthCare Pharmaceuticals
Inc., et al. No. 3:12-cv-10974-DRH-PMF

ORDER GRANTING DISMISSAL WITHOUT PREJUDICE
HERNDON, Chief Judge:
This matter is before the Court on the Bayer Defendants’ motions for an
order dismissing the above captioned plaintiff’s claims without prejudice for
failure to file an appearance as required by this Court’s Order and Local Rule
83.1(g)(2).
Here, the Court granted a motion to withdraw filed by counsel (Doc. 9)
and the Court allowed plaintiff an extension of time to find new counsel (Doc.
11). In the Orders granting leave to withdraw and allowing more time, the
Court expressly provided that if plaintiff (or her new counsel) failed to file a
timely supplementary entry of appearance, the action would be subject to
dismissal without prejudice under Federal Rule of Civil Procedure 41(b) for
failure to prosecute or to comply with the Court’s Orders.

To date, and in

violation of this Court’s orders and Local Rule 83.1(g), plaintiff has not filed a
supplementary appearance.
Plaintiff must comply with the Local Rules and this Court’s orders. Fed.
R. Civ. P. 41(b). Accordingly, for the reasons stated herein, Gipson’s claims
hereby dismissed without prejudice.
SO ORDERED:

Digitally signed by
David R. Herndon
Date: 2014.09.10
18:24:08 -05'00'
Chief Judge
United States District Court

Date: September 10, 2014