Justice v. Bayer Healthcare Pharmaceuticals Inc et al

Filing 7

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge David R. Herndon on 10/6/2014. (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

)
)
)
)
)

3:09-md-02100-DRH-PMF
MDL No. 2100

This Document Relates to:
Pamela Barr, as Personal Representative
of the Estate of Quiauna Pratt, Deceased v.
Bayer HealthCare Pharmaceuticals Inc., et al. 1
Whitney Bolling v. Bayer HealthCare
Pharmaceuticals Inc., et al.

No. 3:13-cv-10824-DRH-PMF

Evanda Carter, Personal Representative
of the Estate of Takyah Carter, Deceased v.
Bayer HealthCare Pharmaceuticals Inc., et al. 2

No. 3:13-cv-10795-DRH-PMF

Noel Chiarelli, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 3

No. 3:13-cv-10887-DRH-PMF

Hara Fineberg, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 4

No. 3:13-cv-10506-DRH-PMF

Jennifer Fleming, et al. v. Bayer Corporation, et al. 5

No. 3:13-cv-10504-DRH-PMF

Serena Holden v. Bayer HealthCare
Pharmaceuticals Inc., et al.

No. 3:13-cv-10726-DRH-PMF

Shakedra Hubbard, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 6

1

No. 3:13-cv-10701-DRH-PMF

No. 3:13-cv-10526-DRH-PMF

This order applies to plaintiff Pamela Barr acting as representative of the estate of Quiauna
Pratt.
2
This order applies to plaintiff Evanda Carter acting as representative of the estate of Takiyah
Carter.
3
This order applies only to plaintiff Noel Chiarelli.
4
This order applies only to plaintiff Julia Flynn.
5
This order applies only to plaintiff Sonya Jackson.
6
This order applies only to plaintiff Roxann Tasso.

Frances Justice v. Bayer HealthCare
Pharmaceuticals Inc., et al.

No. 3:13-cv-10883-DRH-PMF

Breann Kunkle v. Bayer HealthCare
Pharmaceuticals Inc., et al.

No. 3:13-cv-10800-DRH-PMF

Nikita Lindsay, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 7

No. 3:13-cv-10502-DRH-PMF

Donna Robertshaw, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et Al. 8

No. 3:13-cv-10510-DRH-PMF

Krystal Seger, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 9

No. 3:13-cv-10517-DRH-PMF

Courtnee Sellner v. Bayer Corporation, et al.

No. 3:13-cv-10694-DRH-PMF

Megan Smith, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 10

No. 3:13-cv-10587-DRH-PMF

Kelly Stone, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 11

No. 3:13-cv-10503-DRH-PMF

Jenny Talasazan v. Bayer HealthCare
Pharmaceuticals Inc., et al.

No. 3:13-cv-10727-DRH-PMF

Aisha Williams v. Bayer HealthCare
Pharmaceuticals Inc., et al.

No. 3:13-cv-10616-DRH-PMF

ORDER OF DISMISSAL WITHOUT PREJUDICE
(Failure To Comply With PFS Obligations)
HERNDON, District Judge:
This matter is before the Court on the Bayer defendants’ motion, pursuant
to Case Management Order 12 (“CMO 12”) 12 for an order of dismissal, without

7

This order applies only to plaintiff Nikita Lindsay.
This order applies only to plaintiff Karly Bracken.
9
This order applies only to plaintiff Rita Hill.
10
This order applies only to plaintiff Crystal Rodotz.
11
This order applies only to plaintiff Kelly Stone.
8

2

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, plaintiffs in the above-captioned matters were to have served
complete Fact Sheets between September 2013 to June 2014. Per Section E of
CMO 12, Bayer sent each plaintiff a Notice of Overdue Discovery on June 24,
2014. Bayer’s June 24 letters notified plaintiffs that they had until July 14, 2014
to produce complete Fact Sheets or else face dismissal pursuant to CMO 12. As
the filing of Bayer’s motion to dismiss, Bayer still had not received complete Fact
Sheets from any of the above-captioned plaintiffs. Plaintiffs’ Fact Sheets are now
overdue by at least three months and in some cases as much as a year.
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.
12

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

3

To date, none of the above listed plaintiffs has filed a response.
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.
IT IS SO ORDERED.
Signed this 6th day of October, 2014.

Digitally signed
by David R.
Herndon
Date: 2014.10.06
13:54:49 -05'00'
United States District Judge

4