Roquet v. Bayer Corporation et al
Filing
9
ORDER DISMISSING CASE. Signed by Judge David R. Herndon on 4/15/2015. (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:
Nicole Root, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al.
No. 3:10-cv-13159-DRH-PMF
Lillan Roquet v. Bayer Corporation, et al.
No. 3:12-cv-11234-DRH-PMF
Katherine Rygh v. Bayer HealthCare
Pharmaceuticals Inc., et al.
No. 3:10-cv-11638-DRH-PMF
Jetaun Sallaz v. Bayer HealthCare
Pharmaceuticals Inc., et al.
No. 3:11-cv-10576-DRH-PMF
Holly Sanchez, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al.
No. 3:11-cv-10632-DRH-PMF
Michelle Satterwhite v. Bayer HealthCare
Pharmaceuticals Inc., et al.
No. 3:13-cv-10356-DRH-PMF
Stephanie Shoucair v. Bayer HealthCare
Pharmaceuticals Inc., et al.
No. 3:10-cv-13619-DRH-PMF
Malinda Smith v. Bayer HealthCare
Pharmaceuticals Inc., et al.
No. 3:11-cv-13083-DRH-PMF
Anabelle Soto v. Bayer HealthCare
Pharmaceuticals Inc., et al.
No. 3:10-cv-11945-DRH-PMF
Katherine Sowinski v. Bayer Corporation, et al.
No. 3:10-cv-20387-DRH-PMF
Lana Speck v. Bayer Corporation, et al.
No. 3:11-cv-20080-DRH-PMF
Caitlin Stevens v. Bayer Corporation, et al.
No. 3:12-cv-20110-DRH-PMF
Megan Stewart v. Bayer Corporation, et al.
No. 3:10-cv-20390-DRH-PMF
Sara Todd v. Bayer HealthCare
Pharmaceuticals Inc., et al.
No. 3:11-cv-13152-DRH-PMF
Chrystal Lynette Darbonne Trahan v. Bayer HealthCare No. 3:10-cv-13029-DRH-PMF
Pharmaceuticals Inc., et al.
Michelle Villanueva v. Bayer HealthCare
Pharmaceuticals Inc., et al.
No. 3:10-cv-13615-DRH-PMF
Jennifer Walther v. Bayer HealthCare
Pharmaceuticals Inc., et al.
No. 3:11-cv-10281-DRH-PMF
Stormy Whisenhunt v. Bayer HealthCare
Pharmaceuticals Inc., et al.
No. 3:11-cv-12222-DRH-PMF
Christina Wilkin v. Bayer HealthCare
Pharmaceuticals Inc., et al.
No. 3:10-cv-11916-DRH-PMF
Heather Williams v. Bayer Corporation, et al.
No. 3:12-cv-10767-DRH-PMF
Stacey Yates v. Bayer HealthCare
Pharmaceuticals Inc., et al.
No. 3:11-cv-12529-DRH-PMF
ORDER GRANTING MOTION TO DISMISS WITH PREJUDICE
HERNDON, District Judge:
On February 10, 2015, Bayer filed a motion to dismiss with prejudice,
pursuant to Case Management Order 60 (“CMO 60”), the above captioned
plaintiffs’ claims for failure to submit complete Claim Package Materials. 1
Pursuant to the Court’s local rules, the plaintiffs had 30 days to file a
responsive pleading. None of the above captioned plaintiffs filed a responsive
pleading. At the expiration of the responsive pleading deadline, as is required
1
Pursuant to the “Settlement Agreement,” Exhibit A to CMO 60, plaintiffs enrolled in the Gallbladder Resolution
Program are required to submit to the Claims Administrator all the Claim Package Materials identified in Section
3.03(a) of the Settlement Agreement. Section 3.01 of the Settlement Agreement fixed November 18, 2013 as the
deadline for submission of a complete Claims Package. The subject motion asserts that the plaintiffs have failed to
comply with this requirement.
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under CMO 60, the motion was considered by Special Master Stephen Saltzburg. 2
On March 25, 2015, Special Master’s Saltzburg’s report and recommendation
relating to the above captioned cases was docketed. In each case, Special Master
Saltzburg found that the subject plaintiffs failed to comply with the requirements
of CMO 60 and recommended that the subject plaintiffs’ claims be dismissed with
prejudice in accord with the requirements of CMO 60.
The parties were given 14 days to respond or object to Special Master
Saltzburg’s report and recommendation. The deadline for responding or objecting
to the Special Master’s report has expired. None of the above captioned plaintiffs
have responded or objected.
Upon consideration of Bayer’s motion to dismiss, the Special Master’s
report, and the requirements of CMO 60, the Court finds that the above captioned
2
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).
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plaintiffs have failed to comply with CMO 60.
Accordingly, the claims of the above captioned plaintiffs are DISMISSED
WITH PREJUDICE.
FURTHER, the Court directs the Clerk of the Court to enter judgment
reflecting the same.
IT IS SO ORDERED.
Signed this 14th day of April, 2015.
Digitally signed
by David R.
Herndon
Date: 2015.04.14
16:20:56 -05'00'
United States District Court
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