Colon et al. v. Bayer Corporation et al.

Filing 17

ORDER RE 14 Amended MOTION to Vacate and 12 MOTION to Vacate 8 Order. The Court hereby VACATES the order of dismissal as to plaintiffs Christy Giles, Karen Isaak, Rebecca Miller, and Robert Sirna on behalf of Charline Sirna and DIRECTS THE CLERK TO REINSTATE THE SAME. The Court DENIES the motion to vacate as to the remaining plaintiffs. Signed by Judge David R. Herndon on 6/23/2015. (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

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

This Document Relates to:
Iris Colon, et al. v. Bayer Corporation, et al.
No. 3:14-cv-10317-DRH-PMF
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO VACATE
PLAINTIFF FACT SHEET DISMISSAL
Plaintiffs, Christy Giles, Karen Isaak, Tara McQuirter, Rebecca Miller,
Kaneeshia Riley, Elizabeth Scott, Robert Sirna on behalf of Charline Sirna,
deceased, Diane Sutton, and Jennifer Thompson, filed a motion to vacate the
Court’s order dismissing their claims without prejudice for failure to comply with
Plaintiff Fact Sheet Requirements. Plaintiff states that they are now in compliance
with CMO 12.
Bayer states that it does not oppose the motion to vacate as to plaintiffs
Robert Sirna on behalf of Charline Sirna, Christy Giles, Karen Isaak, and Rebecca
Miller (although as to each plaintiff Bayer notes certain deficiencies remain it is
not opposed to the motion to vacate as to these plaintiffs).

As to plaintiff Tara McQuirter Bayer notes the motion is moot. A stipulation
of voluntary dismissal was submitted for this plaintiff on May 29, 2015.
Accordingly, the Court agrees the motion as to this plaintiff is moot.
Bayer opposes the motion to vacate as to the remaining plaintiffs Kaneeshia
Riley, 1 Elizabeth Scott, Diane Sutton, and Jennifer Thompson. 2 Bayer notes
specific deficiencies as to each of these plaintiffs.
Having considered the relevant pleadings the Court ORDERS as follows:
The motion to vacate as to the following plaintiffs is GRANTED.
Christy Giles
Karen Isaak
Rebecca Miller
Robert Sirna on behalf of Charline Sirna
The Court DIRECTS the Clerk to Reinstate the above plaintiffs.
The motion to vacate as to the following plaintiffs is DENIED.
Kaneeshia Riley
Elizabeth Scott
Diane Sutton
Jennifer Thompson

1

Bayer notes plaintiff is identified as Kaneeshia Riley in the Motion to Vacate, but
she is identified as Kalieesheia, Kaneesheia and Kaneshia in her PFS materials
2
Bayer notes plaintiff is identified as Jennifer Thompson in the Motion to Vacate,
but she is identified as Jeanne Thompson in her PFS.

The motion to vacate as to plaintiff Tara McQuirter is DENIED as MOOT.
IT IS SO ORDERED.
Signed this 22nd day of June, 2015

Digitally signed by
David R. Herndon
Date: 2015.06.22
16:02:19 -05'00'
United States District Court