Gladney et al v. Bayer Healthcare Pharmaceuticals Inc. et al

Filing 9

ORDER GRANTING 8 MOTION for Order to Dismiss - BHCP Inc.'s Motion to Dismiss Without Prejudice - Plaintiff Jessica McGuire Only filed by Bayer Healthcare Pharmaceuticals Inc. Jessica McGuire terminated.Signed by Chief Judge David R. Herndon on 9/3/14. (klh, )

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:
Jessica Caffey, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 1

13-cv-10500-DRH-PMF

Chasity Charles v. Bayer HealthCare
Pharmaceuticals Inc., et al.

13-cv-10606-DRH-PMF

Brenda Dehn, et al. v Bayer HealthCare
Pharmaceuticals Inc., et al. 2

13-cv-10501-DRH-PMF

Rushaine Ellis, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 3

13-cv-10555-DRH-PMF

Renee Farha, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 4

12-cv-11304-DRH-PMF

Jennifer Gibson, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 5

13-cv-10554-DRH-PMF

Doris Gilchrist, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 6

13-cv-10552-DRH-PMF

Kirstie Gillespie, et al. v. Bayer
Corporation, et al. 7
Mia Gladney, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 8

13-cv-10062-DRH-PMF
13-cv-10513-DRH-PMF

This Order applies only to plaintiff Wendy Liebler.
This Order applies only to plaintiff Brenda Dehn.
3 This Order applies only to plaintiffs Rahima Akter, Rushaine Ellis, and Jackie Whaley.
4 This Order applies only to plaintiff Jessica Welsh.
5 This Order applies only to plaintiffs Deana Hampton, Alyce Russell, and Maura Sullivan.
6 This Order applies to all plaintiffs in the Gilchrist case: Doris Gilchrist, Tracey Hurst,
Kimberly Moody, and Donna Puryear.
7 This Order applies only to plaintiffs Breanna Barnes and Heather Deel.
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Angela Hale. v. Bayer HealthCare
Pharmaceuticals Inc., et al.

13-cv-10607-DRH-PMF

Caroline Hamm v. Bayer HealthCare
Pharmaceuticals Inc., et al.

13-cv-10252-DRH-PMF

Jeronda Harbison v. Bayer HealthCare
Pharmaceuticals Inc., et al.

13-cv-10259-DRH-PMF

Shiree Harper, et al v. Bayer HealthCare
Pharmaceuticals Inc., et al. 9

13-cv-10505-DRH-PMF

Cynthia Holden v. Bayer HealthCare
Pharmaceuticals Inc., et al. 10

13-cv-10553-DRH-PMF

Linda Irby v. Bayer HealthCare
Pharmaceuticals Inc., et al.

13-cv-10250-DRH-PMF

Gayle Keaton, et al. v. Bayer
Corporation, et al. 11

13-cv-10459-DRH-PMF

Michelle Knight v. Bayer HealthCare
Pharmaceuticals Inc, et al.

13-cv-10269-DRH-PMF

Sarah Larsen, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 12

13-cv-10551-DRH-PMF

Tanya Meade, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 13

13-cv-10556-DRH-PMF

Claudia Mendoza, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 14

13-cv-10519-DRH-PMF

Dorothy Minnis v. Bayer HealthCare
Pharmaceuticals Inc., et al.

13-cv-10274-DRH-PMF

This Order applies only to plaintiff Jessica McGuire.
This Order applies only to plaintiff Shiree Harper.
10 This Order applies to all plaintiffs in the Holden case: Cynthia Holden, Wanda Joyner, Lakita
Lee, and Lindsey Rizzo.
11 This Order applies only to plaintiffs Kayla Renfro and Jasmine White.
12 This Order applies only to plaintiffs Shwanda Cannon, Sarah Larsen, and Angie Walton.
13 This Order applies to all plaintiffs in the Meade case: Denise Cloud-Cooper, Barbara
Eckman, Tanya Meade, and Daishadika Perry.
14 This Order applies only to plaintiff Claudia Mendoza.
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Candice Mudgett, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 15

13-cv-10512-DRH-PMF

Bridgette Newton v. Bayer HealthCare
Pharmaceuticals Inc., et al.

13-cv-10272-DRH-PMF

Melissa Phifer v. Bayer HealthCare
Pharmaceuticals Inc., et al.

13-cv-10271-DRH-PMF

Shawnna Price v. Bayer HealthCare
Pharmaceuticals Inc., et al.

13-cv-10273-DRH-PMF

Carri Rangel v. Bayer HealthCare
Pharmaceuticals Inc., et al.

13-cv-10482-DRH-PMF

Robyn Roberts, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 16

13-cv-10550-DRH-PMF

Christine Semere v. Bayer HealthCare
Pharmaceuticals Inc., et al.

13-cv-10608-DRH-PMF

Andrea Simelton v. Bayer HealthCare
Pharmaceuticals Inc., et al.

13-cv-10277-DRH-PMF

Sandra Southern v. Bayer HealthCare
Pharmaceuticals Inc., et al.

13-cv-10268-DRH-PMF

Brandi Spriggs v. Bayer HealthCare
Pharmaceuticals Inc., et al.

13-cv-10615-DRH-PMF

Alma Taylor v. Bayer HealthCare
Pharmaceuticals Inc., et al.

13-cv-10288-DRH-PMF

Debra Thomas v. Bayer Corporation, et al.

13-cv-10223-DRH-PMF

Julie Utley, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 17

13-cv-10213-DRH-PMF

ORDER OF DISMISSAL WITHOUT PREJUDICE

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This Order applies only to plaintiff Ana Guerriero.
This Order applies only to plaintiffs Crystal Naughton and Robyn Roberts.
This Order applies only to plaintiff Heather Tsosie.

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(Failure To Comply With PFS Obligations)
HERNDON, Chief Judge:
This matter is before the Court on the Bayer defendants’ motion,
pursuant to Case Management Order 12 (“CMO 12”) 18 for an order of dismissal,
without prejudice, of the plaintiffs’ claims in the above captioned cases for
failure to comply with Plaintiff Fact Sheet (“PFS”) obligations.
Under Section C of CMO 12, each plaintiff is required to serve defendants
with a completed PFS, including a signed declaration, executed record release
authorizations, and copies of all documents subject to the requests for
production contained in the PFS which are in the possession of plaintiff.
Section B of CMO 12 further provides that a completed PFS is due “45 days
from the date of service of the first answer to her Complaint or the docketing of
her case in this MDL, or 45 days from the date of this Order, whichever is
later.”
Accordingly, the plaintiffs in the above-captioned matters were to have
served completed PFSs roughly one year ago, in August or September 2013.
Per Section E of CMO 12, Notice of Overdue Discovery was sent on November
18, 2013.

As of the filing of Bayer’s motion to dismiss, Bayer still had not

received completed PFS materials from the plaintiffs in the above-captioned
matters and the plaintiffs’ PFS materials are overdue by twelve months.

The parties negotiated and agreed to CMO 12, which expressly provides that the discovery
required of plaintiffs is not objectionable. CMO 12 § A(2).

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Under Section E of CMO 12, the above listed plaintiffs were given 14
days from the date of Bayer’s motion to file a response either certifying that
they served upon defendants and defendants received a completed PFS, and
attaching appropriate documentation of receipt or an opposition to defendant’s
motion.
To date, none of the above listed plaintiffs filed responses.
Accordingly, THE COURT ORDERS AS FOLLOWS:
As to the above listed plaintiffs, the motion to dismiss is GRANTED. The
claims of the above listed plaintiffs are hereby dismissed without
prejudice.
FURTHER, The Court reminds the above listed plaintiffs that,
pursuant to CMO 12 Section E, unless they serve the defendants with a
COMPLETED PFS or moves 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.
So Ordered:
Digitally signed by
David R. Herndon
Date: 2014.09.03
12:12:06 -05'00'

Chief Judge
United States District Court

Date: September 3, 2014

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