Roker et al v. Bayer Corporation et al

Filing 7

ORDER, granting 5 MOTION for Order to Dismiss With Prejudice - Plaintiff Jelani Sims Only filed by Bayer Healthcare Pharmaceuticals Inc., Jelani Sims terminated. Signed by Judge David R. Herndon on 1/26/2015. (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:
Rebecca Adams, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 1

No. 3:11-cv-13025-DRH-PMF

Jennifer Alforejy, et al. v. Bayer Corporation, et al. 2

No. 3:11-cv-12970-DRH-PMF

Christina Brown, et al. v. Bayer Corporation, et al. 3

No. 3:10-cv-11539-DRH-PMF

Stephanie Caldarello, et al. v. Bayer Corporation, et al. 4

No. 3:10-cv-13401-DRH-PMF

Lisa Caputo, et al. v. Bayer Corporation, et al. 5

No. 3:13-cv-10304-DRH-PMF

Andrea Fast, et al. v. Bayer Corporation, et al. 6

No. 3:13-cv-10287-DRH-PMF

Jessica George, et al. v. Bayer Schering Pharma AG. 7

No. 3:12-cv-11406-DRH-PMF

Tamera Hall, et al. v. Bayer Corporation, et al. 8

No. 3:13-cv-10301-DRH-PMF

Cynthia Hurst, et al. v. Bayer Corporation, et al. 9

No. 3:13-cv-10267-DRH-PMF

Paula Krutilek, et al. v. Bayer Corporation, et al. 10

No. 3:12-cv-10698-DRH-PMF

Jessica McDaniel, et al. v. Bayer Corporation, et al. 11

No. 3:13-cv-10096-DRH-PMF

Tawnya Portwood, et al. v. Bayer Corporation, et al. 12

No. 3:12-cv-11405-DRH-PMF

1

This Order applies only to plaintiff Joymarie Verdisco.
This Order applies only to plaintiff Christy Stanford.
3
This Order applies only to plaintiff Anastasia Yarmy.
4
This Order applies only to plaintiff Robin Cook.
5
This Order applies only to plaintiff Betty Joslin.
6
This Order applies only to plaintiffs Lasenda Gaines.
7
This Order applies only to plaintiff Tiffany Spiers.
8
This Order applies only to plaintiff Tamera Hall.
9
This Order applies only to plaintiff Cynthia Hurst.
10
This Order applies only to plaintiff Stacy Harris.
11
This Order applies only to plaintiffs Barbara Mason and Jennifer White.
2

Shelby Roker, et al. v. Bayer Corporation, et al. 13

No. 3:13-cv-10266-DRH-PMF

Brittany Senko, et al. v. Bayer Corporation, et al. 14

No. 3:12-cv-11404-DRH-PMF

Angela Solomon, et al. v. Bayer Corporation, et al. 15

No. 3:11-cv-10161-DRH-PMF

Jenna Sumrall, et al. v. Bayer Corporation, et al. 16

No. 3:11-cv-12523-DRH-PMF

Casey Szkola, et al. v. Bayer Corporation, et al. 17

No. 3:11-cv-12882-DRH-PMF

Lauren Terry, et al. v. Bayer Corporation, et al. 18

No. 3:11-cv-12280-DRH-PMF

Mandy Winkler, et al. v. Bayer Corporation, et al. 19

No. 3:11-cv-10971-DRH-PMF

ORDER GRANTING MOTION TO DISMISS WITH PREJUDICE
HERNDON, District Judge:
On November 24, 2014, 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. 20
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
under CMO 60, the motion was considered by Special Master Stephen
12

This Order applies only to plaintiff Tawnya Portwood.
This Order applies only to plaintiff Jelani Sims.
14
This Order applies only to plaintiff Lynne Wilber.
15
This Order applies only to plaintiff Courtney Henthorne.
16
This Order applies only to plaintiff Jenna Sumrall.
17
This Order applies only to plaintiff Jennifer Raeke.
18
This Order applies only to plaintiff Lauren Terry.
19
This Order applies only to plaintiffs Samantha Moss and Mandy Winkler.
20
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.
13

2

Saltzburg. 21 On January 8, 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
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 in the following cases:
1. Rebecca Adams, et al. v. Bayer HealthCare Pharmaceuticals Inc., et al.
3:11-cv-13025-DRH-PMF

No.

2. Jennifer Alforejy, et al. v. Bayer Corporation, et al. No. 3:11-cv-12970-DRH-PMF

21

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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3. Stephanie Caldarello, et al. v. Bayer Corporation, et al. No. 3:10-cv-13401-DRHPMF

4. Lisa Caputo, et al. v. Bayer Corporation, et al. No. 3:13-cv-10304-DRH-PMF
5. Jessica George, et al. v. Bayer Schering Pharma AG.
PMF

No.

3:12-cv-11406-DRH-

6. Tamera Hall, et al. v. Bayer Corporation, et al.

No. 3:13-cv-10301-DRH-PMF

7. Cynthia Hurst, et al. v. Bayer Corporation, et al.

No. 3:13-cv-10267-DRH-PMF

8. Shelby Roker, et al. v. Bayer Corporation, et al. No. 3:13-cv-10266-DRH-PMF
9. Brittany Senko, et al. v. Bayer Corporation, et al.

No. 3:12-cv-11404-DRH-PMF

10. Angela Solomon, et al. v. Bayer Corporation, et al.

No. 3:11-cv-10161-DRH-PMF

11. Jenna Sumrall, et al. v. Bayer Corporation, et al.

No. 3:11-cv-12523-DRH-PMF

12. Casey Szkola, et al. v. Bayer Corporation, et al.

No. 3:11-cv-12882-DRH-PMF

13. Lauren Terry, et al. v. Bayer Corporation, et al.

No. 3:11-cv-12280-DRH-PMF

14. Mandy Winkler, et al. v. Bayer Corporation, et al.

IT IS SO ORDERED.
Signed this 26th day of January, 2015.

No. 3:11-cv-10971-DRH-PMF

Digitally signed by
David R. Herndon
Date: 2015.01.26
14:43:09 -06'00'

United States District Judge

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