Pancotti v. Bayer Corporation et al

Filing 22

ORDER DISMISSING CASE: The Court adopts the Special Master's R&R and GRANTS Bayer's Motion to Dismiss 15 . This matter is dismissed with prejudice. The Court DIRECTS the Clerk to enter judgment. Signed by Judge David R. Herndon on 2/3/2017. (dsw)

IN THE UNITED STATES DISTRICT COURT
FOR THE 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:

Cecelia A. Pancotti v. Bayer Corporation, et al. No. 3:12-cv-11154-DRH-PMF
HERNDON, District Judge:

ORDER

On November 22, 2016, Bayer filed a motion seeking with prejudice
dismissal, of the above captioned action. The motion seeks dismissal, pursuant to
Section II of Case Management Order 60 (“CMO 60”).
After receiving an extension, Plaintiff filed a response on December 22,
2016.

(Doc. 20).

Thereafter, as is required under CMO 60, the motion was

considered by Special Master Stephen Saltzburg. 1 On December 27, 2016, Special
Master’s Saltzburg’s report and recommendation was docketed. (Doc. 21). The
14 day deadline for responding or objecting to the Special Master’s report has
expired. Neither party has responded or objected.
Special Master Saltzburg recommends dismissal of Plaintiff’s claim with
prejudice for failure to comply with Section II of CMO 60. Upon consideration of

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Section VIII of CMO 60 “appoints Professor Stephen Saltzburg as Special Master to hear motions
to dismiss claims that fail to comply with the terms of the Agreement, and to recommend to this
Court rulings on such motions, as specified in the Agreement” (Doc. 2739 p. 8).

Bayer’s motion to dismiss, Plaintiff’s response, the Special Master’s report, and
the requirements of CMO 60, the Court finds that Plaintiff failed to comply with
CMO 60.

As observed by the Special Master, it is now too late to cure the

identified deficiencies because the Gallbladder Resolution Program has no
provision to excuse non-compliance for reasons offered by Plaintiff.
Accordingly, the Court adopts Special Master Saltzburg’s report and
recommendation. The above captioned action is DISMISSED WITH PREJUDICE
for failure to comply with the requirements of CMO 60.
IT IS SO ORDERED.
Signed this 3rd day of February, 2017.

Digitally signed by
Judge David R. Herndon
Date: 2017.02.03
16:38:00 -06'00'
United States District Judge

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