Gilbert et al v. Bayer Healthcare Pharmaceuticals Inc et al

Filing 6

ORDER, granting 5 MOTION for Order to Dismiss Without Prejudice - Failure to File an Appearance -- Plaintiff Kelly Wegener Only filed by Bayer Healthcare Pharmaceuticals Inc. Kelly Wegener terminated. Signed by Judge David R. Herndon on 1/12/2017. (dsw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
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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:

Danielle Coleman, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al No. 3:14-cv-10269DRH-PMF 1

Kimberly Gilbert, et al. v. Bayer HealthCare
Pharmaceuticals Inc., et al. No. 3:14-cv-10381DRH-PMF 2

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).
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

1
2

This Order applies only to plaintiffs Christine Gear and Sara Hanna.
This Order applies only to plaintiff Kelly Wegener.

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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. FURTHER,
the Court directs the Clerk to terminate the above captioned plaintiffs.
IT IS SO ORDERED.
Signed this 12th day of January, 2017

Digitally signed
by Judge David R.
Herndon
Date: 2017.01.12
16:26:51 -06'00'
United States District Judge

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