Coria v. Bayer Corporation et al
Filing
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ORDER, Granting 8 MOTION for Order to Dismiss Without Prejudice - Failure to Comply With CMO 12 - Plaintiff Grace Barboa Only filed by Bayer Healthcare Pharmaceuticals, Inc. Grace Barboa terminated. 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
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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.
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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).
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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
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