Multidistrict Litigation

MDL 2100 - Yasmin and YAZ (Drospirenone) Marketing, Sales Practices and Products Liability Litigation

• Master Case File 3:09-md-02100-DRH-PMF
• Attorney Service List
• Frequently Asked Questions
• Bellwether Trial Schedule
• Reminders



Gallbladder Resolution Program
• CMO 59 - Negotiating Plaintiff Committee/Gallbladder Resolution Program
• CMO 60 - Settlement Agreement and Deadlines
  • Exhibit A
  • Exhibit B  Revised: Exhibit B Opt Out Form
  • Exhibit C  Revised: Exhibit C Opt In Form
  • Exhibit D
  • Notice Regarding Revised Forms
• CMO 61 - Preservation of Records and Prima Facie Evidence of Usage, Injury and Causation Requirements for Gallbladder Plaintiffs

Court Contacts

Caitlin Fischer Case Administrator	(618) 482-9096	Caitlin_Fischer@ilsd.uscourts.gov
Jessica Robertson Case Administrator	(618) 482-9434	Jessica_Robertson@ilsd.uscourts.gov
Christa Obucina Case Administrator	(618) 482-9293	Christa_Obucina@ilsd.uscourts.gov
Catina Simpson Case Administrator	(618) 482-9334	Catina_Simpson@ilsd.uscourts.gov
Debra Ward Law Clerk	(618) 482-9420	Debra_Ward@ilsd.uscourts.gov

Lead Counsel List

Michael S. Burg Plantiffs' Co-Lead Counsel

Michael London Plantiffs' Co-Lead Counsel

Mark N. Niemeyer Plantiffs' Co-Lead Counsel

Adam L. Hoeflich Defendants' Lead Counsel

Joseph P. Thomas Defendants' Lead Counsel (Representing Barr Laboratories,Inc., Teva Pharmaceuticals USA, Inc., and Barr Pharmaceuticals, LLC)

Liaison Counsel List

Roger Denton Plantiffs' Liason Counsel

John Galvin Defendants' Co-Liason Counsel

Terry Lueckenhoff Defendants' Co-Liason Counsel

Plantiff's Steering Committee List

Roger Denton Plantiffs' Liason Counsel

Michael S. Burg Plantiffs' Co-Lead Counsel

Michael London Plantiffs' Co-Lead Counsel

Mark N. Niemeyer Plantiffs' Co-Lead Counsel

Andres F. Alonso

Daniel Becnel

A.J. DeBartolomeo

Thomas Girardi

Arnold Levin

Jeff Lowe

Roopal R. Luhana

Steven Maher

Trent Miracle

Mark Robinson

Timothy O'Brien

Christopher Seeger

Paul Pennock

Member Cases

Total Member Cases: 11,867

Total Plaintiffs: 393

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ILSD Case Number	Plaintiff	Defendant	Originating District Case Number	Originating District	ILSD Date Closed
3:09-cv-10001-DRH-PMF	Hill	Bayer Corporation	3:09-cv-00567	Illinois Southern	10/18/2013
3:09-cv-10002-DRH-PMF	Hicks	Bayer Corporation	3:09-cv-00602	Illinois Southern	01/09/2015
3:09-cv-10003-DRH-PMF	Spencer	Bayer Corporation	3:09-cv-00604	Illinois Southern	04/04/2017
3:09-cv-10004-DRH-PMF	Franklin	Bayer Corporation	3:09-cv-00625	Illinois Southern	06/19/2017
3:09-cv-10005-DRH-PMF	Bluiett	Bayer Corporation	3:09-cv-00626	Illinois Southern	07/26/2013
3:09-cv-10006-DRH-PMF	Wood	Bayer Corporation	3:09-cv-00627	Illinois Southern	01/27/2014
3:09-cv-10007-DRH-PMF	Devine	Bayer Corporation	3:09-cv-00628	Illinois Southern	02/24/2014
3:09-cv-10008-DRH-PMF	Mathes	Bayer Corporation	3:09-cv-00630	Illinois Southern	02/16/2010
3:09-cv-10009-DRH-PMF	Carpenter	Bayer Corporation	3:09-cv-00642	Illinois Southern	06/15/2015
3:09-cv-10010-DRH-PMF	Dolbeare	Bayer Corporation	3:09-cv-00643	Illinois Southern	09/02/2015
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Case Management Orders

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Date Posted	Date Signed	Description
4-02-2020	4-02-2020	Show Cause Order 11-cv-11581
11-08-2016	11-07-2016	Order No. 84 - Order Appointing Replacement Lead Counsel For Defendants
4-25-2016	4-25-2016	Order No. 83 - Schedule For Further Proceedings in Cases Subject to CMOs 78 and 79
4-18-2016	4-18-2016	Order No. 82 - Establishing Qualified Settlement Fund for Yaz ATE Settlement Program and Appointing QSF Administrator
1-26-2016	1-26-2016	Order No. 81 - Gallbladder Lien Resolution - Accord and Satisfaction Payments to Private, Non-Governmental Healthcare Lien Holders
10-05-2015	10-05-2015	Order No. 80 - Census of Non-ATE Claims
8-03-2015	8-03-2015	Order No. 79 - Non ATE Case Resolution
8-03-2015	8-03-2015	Order No. 78 - Non Participating ATE
8-03-2015	8-03-2015	Order No. 77 - Census of Claims
8-06-2015	8-06-2015	Order No. 76A - ATE Settlement Implementation Modification
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Case Management Orders (Organized by Topic)

Filing Procedures Order No. 1 Initial Conference Order Amended Order No. 4 Amended Filing Procedures Sixth Amended Order No. 9 Regarding Direct Filing and Service of Process Order No. 57 - Procedure for Filing Qualified Settlement Fund Motions

Service of Process, Informal Service of Process for Certain Entities, and Amending Complaints to Name Certain Entities Status Conference 9/16/2010 Order No. 17 - Amendment of Complaints (for the purpose of adding or substituting Bayer Schering Pharma AG and/or Bayer Healthcare Pharmaceuticals Inc. as defendants) and Disclosure Statements Third Amended Order No. 31 - Regarding Service of Process and Regarding Certain Parties in Cases Involving Ocella Sixth Amended Order No. 9 Regarding Direct Filing and Service of Process

Plaintiff Fact Sheets Order No. 12 Plaintiff Fact Sheet and Authorizations Minute Order 3623 Granting Uncontested Motion by Bayer Defendants to Modify Case Management Order No. 12 Order No. 19 - Notice of Records Collection Order No. 19 Exhibit A: Terms of Use for Website Order No. 19 Exhibit B: Credit Card Information for Records Repository Reminder to Plaintiffs and all Plaintiffs' Counsel Amended Order No. 25 - Medical Records Order

Defendants' Fact Sheet Order No. 18 - Defendants' Fact Sheet & the Production of Sales Representative Custodial Files Order No. 20 - Amendment to Case Management Order No. 18 (Supplemental Defense Fact Sheet) Order No. 21 - Amendment to Case Management Order No. 18 Exhibit to Order No. 21 Third Party Data

Common Benefit Fee and Expense Fund Order No. 14 Establishing Common Benefit Fee and Expense Fund: includes exhibit A Minute Order Extending Initial Expense Report Deadline to May 17, 2010 Amended Order No. 55 Appointing CPA and Bank to Assist with Common Benefit Fund Order No. 63 - Supplement to Case Management Order No. 14

Handling of Confidential Information Order No. 7 Concerning the Handling of Confidential Information Order No. 23 - Insurer Protective Order Supplement to Order No. 7 Order No. 41 - Regarding Preservation of Highly Confidential Designation of Certain Materials (and granting MDL 2100 Doc. 1912 Motion for Order) Order No. 44 - Clarifying Order No. 41 Order No. 45 - Denying Motion to Petition the FDA Order No. 56 - Qualified Protective Order Amended Order No. 58 - Supplementing Case Management Orders Nos. 7 and 23 Order No. 67 - Regarding Plaintiffs' Motion to Dispute Bayer's Claim for Privilege and Immunity

Communications with Treating Physicians Order No. 29 - Regarding Ex Parte Communications with Treating Physicians

Bellwether Matters Amended Order No. 24 - Bellwether Trial Selection Plan NOTE: The trial dates and discovery deadlines in this Order were vacated on May 18, 2011. Pool of potential Bellwether member actions Plaintiffs' expert report deadline extended to August 1, 2011 and Defendants' expert report deadline extended to August 22, 2011 Minute Order 2052 Amending GB Expert Report Deadlines Order No. 32 - Trial-Pool Selection and Case-Specific Core-Discovery May 2, 2011 factual summary deadline extended to May 3, 2011 Order No. 36 - Regarding Plaintiffs' Request to Alter Bellwether Procedure Order No. 37 - Trial-Pool Selection Gallbladder and Venous Thromboembolism Cases Order No. 37.5 - Amending Deadlines Pertaining to Trial Picks for Gallbladder Cases Amended Order No. 37.75 - Amending Deadlines Pertaining to trial picks for Venous Thromboembolism Cases (Vacating CMO 37.75 (Doc. 2143)) Order No. 43 - Regarding Pretrial Schedule for Bellwether Trials (Pulmonary Embolism) Minutes of Status Conference 11/29/2011 - Includes Amendments and Additions to CMO 43 and to the Operative Bellwether Schedule Minute Order 2156 Regarding Hearings Set for the Week of December 5, 2011 Order No. 47 - Regarding Motions to Exclude Testimony of Plaintiffs' Regulatory Expert Witnesses (MDL 2100 Docs. 2015, 2023, 2026, and 2016) Order No. 48 - Regarding Motions to Exclude Testimony of Plaintiffs’ Expert Witness David Green, M.D., Ph.D. (MDL 2100 Doc. 2020) Order No. 49 - Regarding Motions to Exclude Testimony of Plaintiffs’ Expert Witnesses (MDL 2100 Docs. 2030, 2028, 2025, and 2027) Order No. 50 - Regarding Motions to Exclude Testimony of Plaintiffs’ Expert Witnesses (MDL 2100 Docs. 2018, 2019, 2021, and 2024) Order No. 51 - Regarding Motions to Exclude Testimony of Dr. Bercy-Roberson and of Dr. Disciullo (MDL 2100 Docs. 2110 and 2017) Order No. 52 - Regarding Motion to Exclude Testimony of Robert Johnson (MDL 2100 Doc. 2022) Order No. 53 - Regarding Bellwether Plan (Continue and abeyance) Order No. 54 - Status of Bellwether Proceedings and Related Matters Minute Order 2229 Staying Discovery and Bellwether Deadlines for 60 Days Minute Order 2377 Staying Bellwether Deadlines an Additional 90 Days

Case Specific, Core Discovery in Non-Bellwether Cases Order Regarding Non-Bellwether Case-Specific Discovery Order Identifying Member Actions Subject to Expanded Case-Specific Discovery Program (including Exhibit A, Oldest 100 Non-Bellwether Cases) Exhibit A, Oldest 100 Non-Bellwether Cases, to Order Identifying Member Actions Subject to Expanded Case-Specific Discovery Program

Deposition Protocol and Other Deposition Matters Order No. 28 - Regarding Deposition Protocol Order No 28.5 Amending Paragraph N of Order No. 28 Order No. 34 - Production of Prior Testimony by Bayer Witnesses Order Regarding Personal Use Testimony Order Regarding Discovery of Deposition Preparation Materials Order No. 29 - Regarding Ex Parte Communications with Treating Physicians Order No. 35 - Regarding Production of Witnesses Order No. 38 - Regarding Expert Deposition Protocol Order No. 40 - Regarding Defendants' Expert Witness Reports (denying MDL 2100 Doc. 1935 Motion to Strike and directing defendants to supplement their "Rule C" summary disclosures accordingly)

Attorney-Client Privilege, Work-Product Protection, and Related Matters Order No. 10 Regarding Redaction and Claims of Privilege Order Granting In Part & Denying In Part Plaintiffs' Motion To Modify Order No. 10 (modifies 5(A) of Order No. 10 Order Regarding Choice of Law and Matters of Privilege Order Regarding In Camera Review of Disputed Documents Order Regarding Discovery of Deposition Preparation Materials

Production of Documents by Defendants Order No. 10 Regarding Redaction and Claims of Privilege Order Granting In Part & Denying In Part Plaintiffs' Motion To Modify Order No. 10 (modifies 5(A) of Order No. 10 Minute Order: Deadline For Production of Documents in Relation To Irder No. 22 And The Modification of Order No. 10 Order No. 13 Governing the Format of Production Order No. 22 - Production and Inspection of the Clintrace Database and Data Minute Order Setting Deadlines for Production of English Label Documents and Regulatory Materials Located in the Netherlands and Affirming July 2010 Discovery Cut-Off Order Granting Extension for Production of Regulatory Documents Located in the Netherlands Order No. 39 - Schedule for Supplemental Production

Counsel Appointments, Magistrate Assignment, Special Master Appointments Order No. 2 - Appointing Plaintiff's Steering Committee Order No. 6 Adding to Plaintiff's Steering Committee Order No. 8 Appointing State-Federal Liaison Counsel Order No. 8A Appointing State-Federal Liaison Counsel Order No. 3 Appointing Defendants Lead and Liaison Counsel Order No. 27 - Order Appointing Additional Lead Counsel for Defendants Order No. 5 Reassigning Case to Magistrate Judge Philip M. Frazier Amended Order No. 30 - Appointment of a Special Master Order No. 66 - Appointing Special Masters Order No. 69 - Appointing Substitute Special Master

Miscellaneous Order No. 10 Regarding Redaction and Claims of Privilege Order No. 11 Regarding Preservation of Documents and Electronically Stored Information Order No. 16 - Notification to Clerk of Motions Pending in Transferred Actions Minute Order Adopting and Preserving Prior Case Management Orders and Objections on behalf of Defendants Barr Laboratories, Inc., Teva Pharmaceuticals USA, Inc., and Barr Pharmaceuticals, LLC Order No. 26 - Communicating with the Court Order No. 46 - Regarding Motion to Compel Expert's Research Materials Order No. 65 - May 2015 Trial Plan

Gallbladder Resolution Orders Order No. 59 - Negotiating Plaintiff Committee/Gallbladder Resolution Program Order No. 60 - Settlement Agreement and Deadlines - Gallbladder Injuries Order No. 60 Exhibit A - Signed Settlement Agreement Order No. 60 Exhibit B - Intent to Opt Out Form Order No. 60 Exhibit C - Intent to Opt In Form Order No. 60 Exhibit D - Declaration Order No. 61 - Preservation of Records and Prima Facie Evidence of Usage, Injury and Causation Requirements for Gallbladder Plaintiffs. Order No. 64 - Stipulations of Dismissal for Matters Settled Under the Gallbladder Resolution Program Order No. 64 Exhibit A - Dismissed Member Actions Order No. 64 Exhibit B - Dismissed Plaintiffs Order No. 74 - Gallbladder Lien Resolution

Select Orders From Member Actions

Appointment of Personal Representative 3:10-cv-13237-DRH-PMF, Denying Appointment of Personal Representative (Outside of Court's Jurisdiction)

Appointment of Next Friend 3:10-cv-10721-DRH-PMF, Appoint Next Friend for Minor Plaintiff

Bundled Plaintiffs 3:10-cv-11195-DRH-PMF, Order Striking Complaint for Bundling More than Five Plaintiffs

Class Certification 3:09-cv-20108, Order Denying Class Certification

Dismissal, Fed. R. Civ. P. 12(b)(6) 3:09-cv-10217-DRH-PMF, Dismissal of Pharmacy Defendant Pursuant to Fed. R. Civ. P. 12(b)(6) (Applying Illinois Law) 3:10-cv-20332, Dismissal of Pharmacy Defendant Pursuant to Fed. R. Civ. P. 12(b)(6) (Applying Illinois Law) 3:10-cv-20332, Granting Dismissal RICO and Third Party Payor Claims Multiple Manber Actions, Granting Dismissal of Defendant Where Plaintiffs Failed to Respond to Motion to Dismiss

Dismissal, Converting Without Prejudice Dismissal to With Prejudice Dismissal for Failure to Comply with Plaintiff Fact Sheet Requirements Multiple Member Actions, Converting to With Prejudice Dismissal

Dismissal, Duplicate Action 3:11-cv-10136, Granting Dismissal of Duplicate Action

Dismissal, Failure to Prosecute 3:10-cv=20415-DRH-PMF, Granting Motion to Dismiss Pursuant to Fed R. Civ. P. 41(b) Multiple Member Actions, Granting Motion to Dismiss Pursuant to Fed R.Civ. P. 41(b)

Dismissal, Voluntary Granting Plaintiffs' Motions to Dismiss and Declining to Impose Conditions

Dismissal, Without Prejudice for Failure to Comply with Plaintiff Fact Sheet Requirements Multiple Member Actions, Granting Motions to Dismiss for Failure to Comply with Plaintiff Fact Sheet Requirements Multuple Member Actuins, Granting Motions to Dismiss for Failure to Comply with Plaintiff Fact Sheet Requirements; Denying Motions to Dismiss in Two Member Actions (Plaintiffs Filed Requisite Response)

Pro Hac Vice Denying Motion for Pro Hac Vice as Unnecessary Granting Motion for Pro Hac Vice

Remand Multiple Member Actions, Denying Motions to Remand to State Court in Multi-Plaintiff Actions (Considering Issue of Fraudulent Joinder) Multiple Member Actions, Granting Motions to Remand to State Court (Amended Allegations as to Non-Diverse Defendant Deemed Sufficient) 3:11-cv-20073-DRH-PMF, Denying Remand and Realigning Parties 3:11-cv-20020-DRH-PMF, Denying Motion to Reconsider Transferor Court's Order Denying Remand 3:10-cv-20095-DRH-PMF, Denying Motion to Remand to State Court (considering fraudulent joinder and choice-of-law matters; applying California law) 3:10-cv-20095 DRH-PMF, Denying Motion to Reconsider Court's Order Denying Remand (applying California law) 3:10-cv-10217-DRH-PMF, Denying Motion to Remand to State Court (applying Illinois Law) 3:10-cv-20332-DRH-PMF, Denying Motion to Remand to State Court (applying Illinois Law) Multiple Member Actions, Granting Motion to Remand to State Court in Multi-Plaintiff Actions (considering fraudulent joinder, procedural misjoinder, and choice-of-law matters) Multiple Member Actions, Denying Motions to Remand to State Court in Multi-Plaintiff Actions (considering fraudulent joinder and choice-of-law matters) 3:10-cv-20143-DRH-PMF, Granting Motion to Join Non-Diverse Defendant and Remanding to State Court (considering fraudulent joinder and choice-of-law matters; applying California law)

Refund Duplicate Filing Fee Multiple Member Actions, Granting Motions to Refund Duplicate Filing Fees

Show Cause Order Show Cause Order 11-cv-11581

Vacating Plaintiff Fact Sheet Dismissal 3:10-cv-12239-DRH-PMF, Order Vacating Plaintiff Fact Sheet Dismissal Multiple Member Actions, Order Vacating Plaintiff Fact Sheet Dismissal, Notice of Non-Opposition Filed

Withdraw Counsel Multiple Member Actions, Granting Motions to Withdraw as Counsel and Extending Plaintiff Fact Sheet Deadlines Multiple Member Actions, Granting Motions to Withdraw as Counsel; No Plaintiff Fact Sheet Extension

Minutes of Proceedings

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Date Posted	Date Signed	Description
4-08-2016	4-08-2016	Status Conference 04/08/2016
4-20-2015	4-20-2015	Status Conference 04/20/2015
3-02-2015	3-02-2015	Status Conference 03/02/2015
1-27-2015	1-27-2015	Status Conference 01/27/2015
12-02-2014	12-02-2014	Status Conference 12/02/2014
10-24-2014	10-24-2014	Status Conference 10/24/2014
9-29-2014	9-29-2014	Status Conference 09/29/2014
8-04-2014	8-04-2014	Status Conference 08/04/2014
6-16-2014	6-16-2014	Status Conference 06/16/2014
11-14-2013	11-14-2013	Status Conference 11/14/2013
1 2 3 4 5 6

Upcoming Court Proceedings

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