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

Filing 11

ORDER DISMISSING CASE without prejudice. Signed by Judge David R. Herndon on 4/30/2015. (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:

Christine Theresa Ray v. Bayer Corporation, et
al. No. 3:11-cv-13482-DRH-PMF
Pamela Robertson v. Bayer HealthCare
Pharmaceuticals Inc., et al No. 3:11-cv-11202DRH-PMF
Brittney Crossley v. Bayer HealthCare
Pharmaceuticals Inc., et al. No. 3:11-cv-20154DRH-PMF
Denise Cunningham, et al. v. Bayer HealthCare
No. 3:14-cv-10196-DRH-PMF
Pharmaceuticals Inc., et al. 1

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
plaintiffs’ claims without prejudice for failure to file an appearance as required by
this Court’s Order and Local Rule 83.1(g)(2).

1

This Order of dismissal applies only to plaintiff Susan Goggins’ claims. However, as all other
plaintiffs have previously been dismissed this matter will be dismissed in its entirety.

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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 and the
above captioned matters are closed. 2
IT IS SO ORDERED.
Signed this 30th day of April, 2015.

Digitally signed
by David R.
Herndon
Date: 2015.04.30
16:12:20 -05'00'
United States District Court

As noted above, in member action Denise Cunningham, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. No. 3:14-cv-10196-DRH-PMF, the present order of dismissal applies
2

only to plaintiff Susan Goggins. However, as all other plaintiffs in this member action have
previously been dismissed, the matter is dismissed in its entirety and closed.

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