Volansky v. Bayer Healthcare Pharmaceuticals, Inc. et al

Filing 7

ORDER DISMISSING CASE without prejudice. Signed by Judge David R. Herndon on 1/22/2015. (dsw, )

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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: Jessica Alldredge, et al. v. Bayer HealthCare Pharmaceuticals Inc., et al. 1 Jessica Alsup v. Bayer Corportation, et al. No. 3:13-cv-10901-DRH-PMF Alicia Arrambide v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:14-cv-10121-DRH-PMF Kimberly Boston v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:14-cv-10104-DRH-PMF Rebecca Burtch, et al. v. Bayer HealthCare Pharmaceuticals Inc., et al. 2 No. 3:14-cv-10026-DRH-PMF Noel Chiarelli v. Bayer Corporation, et al. No. 3:13-cv-10712-DRH-PMF Tammy Childree v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:14-cv-10119-DRH-PMF Charity Cooksey, et al. v. Bayer HealthCare Pharmaceuticals Inc., et al. 3 No. 3:14-cv-10232-DRH-PMF Maria Coria, et al. v. Bayer HealthCare Pharmaceuticals Inc., et al. 4 No. 3:14-cv-10178-DRH-PMF Deja Declouet, et al. v. Bayer HealthCare Pharmaceuticals Inc., et al. 5 1 No. 3:14-cv-10182-DRH-PMF No. 3:14-cv-10024-DRH-PMF This order applies to all plaintiffs. This order applies only to plaintiff Christina Dizick. 3 This order applies only to plaintiffs Janice Craft and Kathleen Green. 4 This order applies only to plaintiff Grace Barboa. 5 This order applies only to plaintiffs Deja Declouet and Michelle Whidden. 2 Jill DeQuardo v. Bayer Corporation, et al. No. 3:14-cv-10156-DRH-PMF Angela Dobie v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:14-cv-10093-DRH-PMF Jasmine Fuller, et al. v. Bayer HealthCare Pharmaceuticals Inc., et al. 6 No. 3:14-cv-10022-DRH-PMF Ilena George v. Bayer Corporation, et al. No. 3:14-cv-10044-DRH-PMF Debbie Goodman, et al. v. Bayer Corporation, et al. 7 No. 3:13-cv-10820-DRH-PMF Stacy Gruen v. Bayer HealthCare Pharmaceuticals Inc., et al. Takiesa Harris v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:14-cv-10088-DRH-PMF Diane Colon Jackson v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:14-cv-10146-DRH-PMF Geraldine Jackson v. Bayer Corporation, et al. No. 3:14-cv-10045-DRH-PMF Rufus Johnston, Personal Representative of the Estate of Chauna Jackson v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:14-cv-10087-DRH-PMF Charlene Jones v. Bayer Corporation, et al. No. 3:14-cv-10148-DRH-PMF Heather Jones v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:14-cv-10102-DRH-PMF Karen Jones v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:14-cv-10120-DRH-PMF Jill Lansing v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:14-cv-10036-DRH-PMF Katrina McBride v. Bayer HealthCare Pharmaceuticals Inc., et al. 7 No. 3:14-cv-10005-DRH-PMF Greteta Holliday v. Bayer HealthCare Pharmaceuticals Inc., et al. 6 No. 3:14-cv-10125-DRH-PMF No. 3:14-cv-10086-DRH-PMF This order applies only to plaintiff Luciane Rocha. This order applies only to plaintifs Ebony Bennett and Detra Brown. 2 Bonnie McGarr v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:14-cv-10109-DRH-PMF Danielle McGauley v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:14-cv-10117-DRH-PMF Jeany Melendez, et al. v. Bayer HealthCare Pharmaceuticals Inc., et al. 8 No. 3:14-cv-10185-DRH-PMF Rhonda Peterson v. Bayer Corporation, et al. No. 3:14-cv-10252-DRH-PMF Prekaya Pittman v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:14-cv-10085-DRH-PMF Fanny Quezada, et al. v. Bayer HealthCare Pharmaceuticals Inc., et al. 9 No. 3:14-cv-10266-DRH-PMF Elizabeth Serie v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:14-cv-10004-DRH-PMF Brandy Slaughter v. Bayer Corporation, et al. No. 3:13-cv-10829-DRH-PMF Kristina Strickland v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:14-cv-10113-DRH-PMF Ann Taylor Owen, et al. v. Bayer HealthCare Pharmaceuticals Inc., et al. 10 No. 3:14-cv-10029-DRH-PMF Michelle Volansky v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:14-cv-10081-DRH-PMF Sandra Ward v. Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:14-cv-10177-DRH-PMF Sheritta Washington v. Bayer Corporation, et al. No. 3:14-cv-10149-DRH-PMF ShaRita Wesley, et al. v. Bayer HealthCare Pharmaceuticals Inc., et al. 11 No. 3:14-cv-10034-DRH-PMF 8 This order applies only to plaintiff Jeany Melendez. This order applies only to plaintiffs Doreen Everett, Lindsay Palefsky, and Valeria Williams. 10 This order applies only to plaintiff Crystal Bright. 11 This order applies only to plaintiff Lisa Clermont. 9 3 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 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 between Feburary and September of 2014 Per Section E of CMO 12, Notice of Overdue Discovery was sent on October 30, 2014. 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. Under Section E of CMO 12, the plaintiffs were given 14 days from the date of Bayer’s motion to file a response either certifying that they served upon 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). 4 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 plaintiffs in the above captioned member actions has filed a response. Because the plaintiffs have failed to respond to Bayer’s allegations, the Court finds that these plaintiffs have failed to comply with their PFS obligations under CMO 12. Accordingly, the claims of the above captioned plaintiffs are hereby dismissed without prejudice. The Court reminds plaintiffs that, pursuant to CMO 12 Section E, unless plaintiffs serve the defendants with a COMPLETED PFS or move 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: 2015.01.22 16:30:45 -06'00' District Judge United States District Court Date: January 22, 2015 5

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