Defendant Merck Sharp & Dohme Corp. (“Merck”) moves pursuant to Federal Rules of Civil Procedure 16(f), 37(b), and 41(b) to dismiss this case with prejudice because plaintiff Judy Benes (“Plaintiff”) has failed to provide a Plaintiff Profile Form (“PPF”) as required by Case Management Order No. 3 (“CMO 3″).

BACKGROUND

The Complaint in this action originally was filed in the Superior Court of the State of California for the County of Los Angeles on June 17, 2009 by William E. Johnson, Esq. (“Mr. Johnson”). On July 2, 2009, Merck removed the case to the United States District Court for the Central District of California.