Poletti et al v. Syngenta AG et al

Filing 359

ORDER APPOINTING SPECIAL MASTER. Signed by Judge David R. Herndon on 12/3/2018. (ceh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
IN RE: SYNGENTA MASS TORT ACTIONS
Judge David R. Herndon
----------------------------THIS DOCUMENT RELATES TO:
Poletti et al. v. Syngenta AG et al. No. 3:15-cv-01221-DRH
ORDER APPOINTING SPECIAL MASTER
HERNDON, District Judge:
On August 8, 2017, the Honorable Judge John W. Lungstrum (“the Court”) appointed a
Plaintiffs’ Settlement Negotiation Committee to conduct settlement negotiations with Syngenta.
After months of extensive negotiations, the parties reached a settlement and executed a Settlement
Agreement to resolve all claims against Syngenta for one billion five hundred and ten million
dollars ($1,510,000,000.00). On April 10, 2018, the Court preliminarily approved the Settlement
and the Parties’ Settlement Agreement and issued a briefing schedule to determine final approval
and issue its Fee and Expense Award, if any. On November 15, 2018, the Court held a Final
Settlement Hearing to consider the overall fairness of the settlement and proposed attorney fee
award. The Court concluded that the settlement was fair and reasonable and that an award of
attorney’s fees in the amount of one-third of the gross settlement was fair and reasonable. Further,
the Court reaffirmed the appointments of Special Masters Ellen Reisman, Esq. and the Honorable
Daniel J. Stack (Ret.) as Special Masters to assist in the administration of the settlement. The
Court has scheduled a hearing on December 17, 2018 to determine how it intends to distribute
attorney’s fees and expenses amongst the various jurisdictions and law firms.
In anticipation that the Court may award attorney’s fees and/or expenses to law firms
assigned to or under my jurisdiction and in an effort to assist this Court in determining an
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appropriate division of those fees and expenses that may ultimately be subject to the jurisdiction
of this Court, the presiding judge has determined that it would be beneficial to expand Special
Master Stack’s duties to assist the Court in determining an appropriate division of any fees and/or
expenses that may be ultimately subject to the jurisdiction of this Court and further carry out this
Court’s duties as described herein.
All disputes arising from any Fee and Expense Award shall be subject to the concurrent
jurisdiction of the Honorable John W. Lungstrum and this Court, including matters arising from
client fee contracts and referring counsel referral agreements involving any law firm assigned to
or within the jurisdiction of this Court. For example, this Court shall have jurisdiction to approve
fee disbursements with respect to all Class Members represented by any law firm assigned to or
within the jurisdiction of this Court; and decide disputes between counsel for various Class
Members arising out of the representation of Class Members represented by any law firm assigned
to or under my jurisdiction. This jurisdiction shall apply to any Class Member who timely filed a
claim irrespective of where that case was filed.
IT IS HEREBY ORDERED that The Honorable Daniel J. Stack’s (Ret.) responsibilities
as Special Master are expanded in order to assist this Court in determining an appropriate division
of any attorney fees and expenses that are subject to the jurisdiction of this Court and to decide
any disputes between Counsel for Class Members, if any. These additional responsibilities
include, but are not limited to, reviewing and analyzing client fee contracts; referring counsel, cocounsel, and / or joint venture agreements; agreements between counsel regarding the division of
attorney fees, expenses and time submissions. The Court takes judicial notice of this filing. The
special master must proceed with all reasonable diligence in fulfilling the duties assigned him by
the Court.

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Special Master Duties and Authority. The Special Master may take all appropriate
measures to fairly and efficiently perform his duties. He must not, however, act as an advocate,
representative, fiduciary, or counsel for any party and has no formal coercive authority to compel
the making of any agreement or the granting of any concession.
As it relates to his duties, the special master shall have the full authority provided in Rule
53(c). The special master may, without limitation:
1. Make reasonable requests for information from counsel to assist in the administration
of his duties;
2. Decide disputes between counsel for various Class Members arising out of the
representation of Class Members represented by Clark, Love, & Hutson;
3. Construct an efficient procedure to decide fee and expenses disbursements and decide
disputes regarding fee and / or expense disbursements, including:
a. establishing a list of information needed from each party in order to facilitate
and approve fee and / or expense disbursements;
b. creating a time table for the exchange of such information;
c. ordering production of all necessary information; and
d. conducting in-person meetings with the parties;
4. Hire necessary consultants to perform various administrative services to assist in the
disbursement of fees and expenses and ultimately, the efficient administration of this
assignment;
5. Order the appearance of any persons necessary to fully resolve any disputes;
6. Make recommendations to the Court concerning any issues that may require resolution
in order to efficiently manage the tasks assigned; and

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7. Direct, supervise, monitor, and report upon implementation and compliance with the
Court’s orders, and make findings and recommendations on remedial action if required.
Proceedings. In performing his duties, the special master has the authority to schedule and
hold conferences, and to regulate all proceedings before him. The special master may require the
parties to appear in person, via video conference, or telephonically. These meetings may be at the
special master’s discretion.
Ex Parte Communications. Pursuant to Rule 53(b)(2)(B), the special master may
communicate ex parte with the Court at any time. He also may communicate ex parte with a party
or counsel on purely administrative matters and in attempting to mediate these disputes.
Preservation and Filing of Materials. Pursuant to Rule 53(b)(2)(C), the special master
must maintain orderly files consisting of all documents submitted to him by the parties, and any
of his written orders, findings, and/or recommendations. He must preserve these files until such
time that the Court grants permission for their destruction. Neither the special master nor the
parties are required to file on the record materials submitted to the special master in confidence to
aid in the administration of the Special Master’s duties. But, pursuant to Rule 53(b)(2)(D) and
Rule 53(d), any order, findings, and/or recommendations issued by the special master must be filed
by him with the Court via the Court’s electronic case filing (ECF) system. Such filing shall fulfill
the special master’s duty to serve his orders on the parties.
Actions on the Special Master’s Filings. Pursuant to Rule 53(b)(2)(D) and Rule 53(f),
any party wishing to file objections or motions related to the special master’s filings must do so
within 5 business days of the filing. The Court will review all objections under the standards
provided in Rule 53(f).

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Compensation. In appointing the special master, the Court has considered the fairness of
imposing the expenses on the parties and has taken steps to protect against unreasonable expenses
or delay as required by Rule 53(a)(3). Pursuant to Rule 53(b)(2)(E) and Rule 53(g), the special
master must keep billing records of time spent on this litigation and expenses incurred, with
reasonably detailed descriptions of the activity and expenses. He will be compensated at an hourly
rate not to exceed $950.00 per hour and $9,000.00 per day. The special master may obtain
assistance from any consultants or company hired by him to perform various administrative
services to assist in the prosecution and ultimately, the efficient administration of this assignment,
who will be compensated at a reasonable hourly rate per claim.
All fees of the special master shall be paid from the Fee Award prior to distribution to any
and all attorneys entitled to fees and / or expenses to be determined by further order of this Court.
The special master must maintain monthly invoices for payment of his fees to be submitted
to this Court for consideration. Such invoices must itemize and describe the services provided.
Payment will be addressed by future order of this Court.
IT IS SO ORDERED.

Judge Herndon
2018.12.03
12:17:12 -06'00'
United States District Judge

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