Tweet et al v. Syngenta AG et al

Filing 106

ORDER ESTABLISHING NEW FILING PROCEDURES FOR PLAINTIFFS. Signed by Judge David R. Herndon on 5/16/2016. (dsw)

UNITED STATES DISTRICT COURT
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-cv01221-DRH

Tweet et al. v. Syngenta AG et al. No. 3:16-cv00255-DRH

ORDER REGARDING FILING PROCEDURES FOR PLAINTIFFS
HERNDON, District Judge:
This matter is before the Court for case management. Due to the number of
plaintiffs (approximately 3 thousand) and associated counsel in Poletti et al. v.

Syngenta AG et al. No. 3:15-cv-01221-DRH (”Poletti”), CM/ECF is overburdened
and docketing is excessively slow. In an effort to resolve this issue, the Court has
made revisions to the docket. The docket revisions require a corresponding
change in docketing procedure as to attorneys filing on behalf of plaintiffs. There
is no change in filing procedure for the defendants.
Additionally, 715 plaintiffs were recently added to Tweet et al. v. Syngenta

AG et al. No. 3:16-cv-00255-DRH (“Tweet”). To avoid the same issues in this case,
the Court is adopting identical docketing revisions and procedures in the Tweet
action.

Revisions to the Docket
1. Plaintiffs’ counsel will no longer be linked to each individual plaintiff in
the docket.
2. In each case, the Court has added a new “plaintiff” to the docket:
In Poletti: “--All Plaintiffs in Case 15-1221"
In Tweet: “--All Plaintiffs in Case 16-255”
3. Plaintiffs’ counsel will only be linked to the new “plaintiff” i.e. “--All
Plaintiffs in Case 15-1221" (Poletti) or “--All Plaintiffs in Case 16-255”
(Tweet)

New Filing Procedure for Plaintiffs’ Attorneys Filing on Behalf of All Plaintiffs
in P oletti or Tweet
When filing a pleading in CM/ECF, the filing attorney will come to a screen
directing him or her to “Select the filer.” As of the date of this Order, when filing
on behalf of All Plaintiffs in Case 15-1221, the filing attorney MUST follow the
below directions:
1. Select the Party “--All Plaintiffs in Case 15-1221" (Poletti) or “--All Plaintiffs
in Case 16-255” (Tweet)
2. Under “Select a Group,” the “No Group” option should be chosen (this is
the default).
3. Select “Next” and proceed with filing the document.

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Please see the screenshot below for reference: 1

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Example Screenshots are taken from Poletti.

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WARNING: The filing attorney should NEVER select the Group “All
Plaintiffs.” The Group selection should always be “No Group.” If the filing
attorney accidentally makes this selection and hits “Next,” the filing attorney will
see the following screen:

If the above prompt appears, the filing attorney has made a mistake
and should not proceed. 2
The above described procedure is the only change to the filing process
when filing on behalf of all plaintiffs in Poletti or Tweet.

2

Proceeding to add the attorney as an attorney of record for all plaintiffs will re-link the filing attorney to every
individual plaintiff in the docket. This will overburden CM/ECF and slow the docketing process. Additionally,
Court staff will have to terminate the newly created links one plaintiff at a time.

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New Filing Procedure for Plaintiffs’ Attorneys Filing on Behalf of Less Than
All Plaintiffs in P oletti or Tweet
When filing on behalf of less than all plaintiffs in Poletti or Tweet, the filing
attorney MUST follow the below directions with regard to selecting the filer:
1. Select the specific plaintiff. For instance, if filing on behalf of A J Farms,
Inc., Select the Party “A J Farms, Inc.”
2. Under “Select a Group” the “No Group” option should be chosen (this is the
default).
3. Select “Next.”
Please see the screenshot below for reference:

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4. A prompt regarding “associations” will appear. At this screen, uncheck the
box located to the left of the party name, so that an attorney party
association is not created. The Lead box should also be unchecked (this is
the default).
5. Select “Next” and proceed with filing the document.
Please see the screenshot below for reference:

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The above described filing procedures are hereby adopted in the above
captioned matters. Any questions regarding these filing procedures may be
directed to Judge Herndon’s chambers staff. Attorneys may also contact the
Court’s CM/ECF Help Line via email or phone.
Chambers Staff
Caitlin Fischer
Courtroom Deputy
[e-mail][phone]
Leigh M. Perica
Co-Law Clerk Responsible for Poletti and Tweet
[e-mail][phone]
Debra Ward
Co-Law Clerk Responsible for Poletti and Tweet
[e-mail][phone]

For CM/ECF Assistance: Email questions to [e-mail] or
contact the ECF help desk at [phone]. Clerk's office personnel are
available from 9 a.m. to 4:30 p.m., Monday through Friday, except holidays.
IT IS SO ORDERED.
Signed this 16th day of May, 2016.

Digitally signed by
Judge David R.
Herndon
Date: 2016.05.16
10:33:46 -05'00'
United States District Court

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