Levine et al v. Bayer Healthcare Pharmaceuticals Inc et al

Filing 9

ORDER, GRANTING 8 MOTION for Order to Dismiss Without Prejudice - Failure to Comply With CMO 12 -- Plaintiffs Deon Abram, Audrey Uzzel Only filed by Bayer Healthcare Pharmaceuticals Inc. Deon Abram and Audrey Uzzel terminated. Signed by Judge David R. Herndon on 5/4/2015. (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:
Fiona Booker, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 1

No. 3:14-cv-10253-DRH-PMF

Elizabeth Juarez, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 2

No. 3:14-cv-10187-DRH-PMF

Patti LeBlanc, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 3

No. 3:14-cv-10179-DRH-PMF

Denise Levine, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 4

No. 3:14-cv-10186-DRH-PMF

Debbie Ruth Moore, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 5

No. 3:14-cv-10180-DRH-PMF

Rene Lynn Torres, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. 6

No. 3:14-cv-10181-DRH-PMF

ORDER OF DISMISSAL WITHOUT PREJUDICE
(Failure To Comply With PFS Obligations)
HERNDON, District Judge:
This matter is before the Court on the defendant’s (Bayer HealthCare
Pharmaceuticals Inc.) motion, pursuant to Case Management Order 12 (“CMO

1

This Order applies to Plaintiffs Fiona Booker and Donna Davern only.
This Order applies to all Plaintiffs David Griffith (Celeste Griffith), Elizabeth Juarez, Michelle
Kobylanski, and Tracie Pursche.
3
This Order applies to Plaintiffs Christina Ann Thomas and Kellen Vasquez only.
4
This Order applies to Plaintiffs Deon Abram and Audrey Uzzel only.
5
This Order applies to Plaintiff Devin Taylor only.
6
This Order applies to Plaintiff Rene Lynn Torres only.
2

12”) 7 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 in January 2015. Notice of Overdue Discovery was sent on
February 13, 2015. 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
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
7

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

2

allegations, the Court finds that these plaintiffs have failed to comply with their
PFS obligations under CMO 12.

Accordingly, the claims of the subject

plaintiffs are dismissed without prejudice. The dockets will be revised
accordingly.
FURTHER, as the motion to dismiss filed in Elizabeth Juarez, et al. v.
Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:14-cv-10187-DRH-PMF
relates to all plaintiffs, that matter is dismissed in its entirety.
FURTHER, 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.

Digitally signed by
David R. Herndon
Date: 2015.05.04
16:07:55 -05'00'

IT IS SO ORDERED.
Signed this 4th day of May, 2015.

United States District Court

3