Zambon v. Bayer Corporation et al

Filing 35

ORDER DISMISSING CASE without prejudice for want of prosecution. Accordingly, 31 MOTION for Summary Judgment - Bayer's Motion for Summary Judgment and Judgment on the Pleadings filed by Bayer Healthcare Pharmaceuticals, Inc., and 33 MOTION for Extension of Time filed by Michelle Zambon are denied as moot. Signed by Judge David R. Herndon on 3/3/2017. (ceh)

UNITED STATES DISTRICT COURT
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:

Michelle Zambon v. Bayer Corporation, et al.
No. 3:14-cv-10214-DRH-PMF
ORDER
HERNDON, District Judge:
On January 30, 2017, the Court entered an order directing pro se plaintiff
Michelle Zambon to answer the Court’s interrogatories regarding her medical
issues and attempts at hiring new counsel on or before March 1, 2017 (Doc. 34).
The January 30th order was issued in response to Ms. Zambon’s further request
for an extension of time to hire new counsel and to file an opposition to Defendant
Bayer’s Motion for Summary Judgment (Doc 33). To date, Ms. Zambon has not
answered the interrogatories nor requested an extension of time to do so. For the
following reasons, this matter is dismissed without prejudice for failure to
prosecute.
As noted in its previous order, the issue regarding plaintiff needing counsel
has been ongoing since August 2016. The Court has been very lenient in allowing
plaintiff adequate time to secure representation, providing multiple extensions of

time (See Docs. 19, 27, 34). The Court understands, and is not unsympathetic to,
plaintiff’s ongoing medical struggles, and in an effort to better comprehend Ms.
Zambon’s ongoing medical treatments and recoveries, issued the interrogatories
stated in its January 30th order. The answers provided by Ms. Zambon were
intended to aid the Court in determining whether, and how much, additional time
plaintiff needed to progress with her case. As stated above, Plaintiff Zambon has
not responded in any way to the Court’s order.
Ms. Zambon was warned that failure to comply with the January 30th
order could result in the dismissal of her case. Because Plaintiff Zambon has
failed to respond to the Court’s order as directed by March 1, 2017, either by
providing answers to the interrogatories or by requesting more time to do so, this
case is dismissed without prejudice for failure to prosecute.

See FED. R. CIV.

P. 41(b). The pending motions in this case are moot. This Order closes the case
and the Court DIRECTS the Clerk to terminate this action from its docket.
IT IS SO ORDERED.
Signed this 3rd day of March, 2016.
.

Digitally signed by
Judge David R.
Herndon
Date: 2017.03.03
16:42:38 -06'00'
United States District Judge