Najduch et al v. Bayer Healthcare Pharmaceuticals, Inc. et al

Filing 12

ORDER, granting 10 MOTION for Order to Dismiss Plaintiff Gladys Nieves' Claims Without Prejudice - Failure to File an Appearance filed by Bayer Healthcare Pharmaceuticals, Inc.., Gladys Nieves terminated.Signed by Judge David R. Herndon on 6/19/2015. (dsw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
------------------------------------------------------------

X

IN RE YASMIN AND YAZ (DROSPIRENONE)
MARKETING, SALES PRACTICES AND
PRODUCTS LIABILITY LITIGATION

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

-----------------------------------------------------------Judge David R. Herndon

This Document Relates to:
Allred et al. v. Bayer Corporation, et al. No.
3:10-cv-13494-DRH-PMF 1
Johnson v. Bayer Corporation, et al. No. 3:11cv-12471-DRH-PMF
Smith v. Bayer Corporation, et al. No. 3:12cv-10426-DRH-PMF
Rivero v. Bayer Corporation, et al. No. 3:12cv-10918-DRH-PMF
Huizar v. Bayer HealthCare Pharmaceuticals
Inc., et al No. 3:13-cv-10771-DRH-PMF
Najduch et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. No. 3:14-cv-10173DRH-PMF 2

ORDER GRANTING DISMISSAL WITHOUT PREJUDICE
HERNDON, District Judge:
This matter is before the Court on defendant’s (Bayer HealthCare
Pharmaceuticals Inc.) motions for an order dismissing the above captioned

1

This Order of dismissal applies only to plaintiff Denise Spodnick’s claims. However, as all other
plaintiffs have previously been dismissed, this order closes the case.
2
This Order of dismissal applies to plaintiff Gladys Nieves’ claims only.

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plaintiffs’ claims without prejudice for failure to file an appearance as required by
this Court’s Order and Local Rule 83.1(g)(2).
In each of the above captioned cases, the Court granted a motion to
withdraw filed by counsel. The orders granting leave to withdraw expressly
provided that if the subject plaintiff (or her new counsel) failed to file a timely
supplementary entry of appearance, the action would be subject to dismissal
without prejudice under Federal Rule of Civil Procedure 41(b) for failure to
prosecute or to comply with the orders of this Court. To date, and in violation of
this Court’s orders and Local Rule 83.1(g), the above captioned plaintiffs have not
filed a supplementary appearance. In addition, the above captioned plaintiffs have
not responded to the pending motions to dismiss.
The plaintiffs must comply with the Local Rules and this Court’s orders.
Fed. R. Civ. P. 41(b). Accordingly, for the reasons stated herein, the claims of the
above captioned plaintiffs are hereby DISMISSED without prejudice. As a result
of this dismissal, the following member actions shall be closed:
1. Allred et al. v. Bayer Corporation, et al. No. 3:10-cv-13494-DRH-PMF 3
2. Johnson v. Bayer Corporation, et al. No. 3:11-cv-12471-DRH-PMF
3. Smith v. Bayer Corporation, et al. No. 3:12-cv-10426-DRH-PMF
4. Rivero v. Bayer Corporation, et al. No. 3:12-cv-10918-DRH-PMF
5. Huizar v. Bayer HealthCare Pharmaceuticals Inc., et al No. 3:13-cv10771-DRH-PMF

3

As noted above, this Order of dismissal applies only to plaintiff Denise Spodnick’s claims.
However, as all other plaintiffs have previously been dismissed, this order closes the case.

Page 2 of 3

In member action Najduch et al. v. Bayer HealthCare Pharmaceuticals Inc.,
et al. No. 3:14-cv-10173-DRH-PMF, plaintiff Gladys Nieves shall be terminated
from the Court’s docket.

IT IS SO ORDERED.
Signed this 19th day of June, 2015.

Digitally signed by
David R. Herndon
Date: 2015.06.19
15:42:42 -05'00'
United States District Court

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