Washington et al v. Combe Incorporated et al

Filing 186

ORDER: The parties filed stipulations of dismissal (Docs. 151 to 185) as to certain Plaintiffs. Accordingly, this case is DISMISSED with prejudice as to these Plaintiffs with each party to bear their own costs. The Clerk of Court is DIRECTED to terminate these Plaintiffs from this action. Signed by Judge Staci M. Yandle on 1/14/2022. (mah)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS SYLVESTER WASHINGTON, et. al., Plaintiffs, vs. COMBE INCORPORATED, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 16-cv-611-SMY ORDER DISMISSING CERTAIN CLAIMS WITH PREJUDICE This matter is before the Court related to certain Plaintiffs who elected to participate in the JFM Resolution Program. As the Court noted in its Order Regarding Settlement Agreement and Deadlines on May 20, 2019: “All Claimants who participate in the JFM Resolution Program have submitted to the jurisdiction of this Court and shall be bound by all orders of this Court even if it is determined that they are not entitled to any Award through the Program” (Doc. 88). The Court Appointed Special Master, in conjunction with the Claims Administrator, has certified to the Court that the plaintiffs in this case became Enrolled Program Participants in the JFM Settlement Program. As established by the Master Settlement Agreement (“MSA”) entered into by the parties on April 16, 2019, Section 1.08 provides “[a]fter submitting the Notice of Intent to Opt in Form, all Program Participants may only pursue their claims through the Program and may not pursue their claims in any court of law or other proceeding.” MSA, Section 1.08 (A). Section 1.08 further provides that “Once an Eligible Enrollee becomes an Enrolled Program Participant, that Enrolled Program Participant may not pursue their claim in any court of law or other proceeding.” MSA, Section 1.08 (B). Page 1 of 3 Accordingly, all claims of the following Plaintiffs who enrolled in the JFM Resolution Program are hereby dismissed, with prejudice, each party to bear their own costs. 1. Sergio Alvarez 2. Michael Amolsch 3. Troy Anthony 4. Jason Armstrong 5. Warren Bennett 6. Lucas R. Bishop 7. Charles Bowden 8. Gary A. Brown 9. Tracey Brown 10. Sherman Brumfield 11. Darrell Burns 12. Emmett Carson 13. Paul Carty 14. Michael Causey 15. Todd Caveness 16. John Chandler 17. Delbert Chatman 18. James Chiaramonte 19. Derrick Clark 20. Jimmy Coleman 21. Derek Davis 22. George H. Davis 23. Wesley Davis 24. Thomas Dortch 25. Brad Fields 26. Dexter Freeland 27. Steven Gardner 28. Samuel Graham 29. Dorian Grissom 30. Jafar Haftsavar Page 2 of 3 31. Bernard Hatten 32. John Hetherington 33. James Hooker 34. Michael Howell 35. Donnell James IT IS SO ORDERED. DATED: January 14, 2022 STACI M. YANDLE United States District Judge Page 3 of 3

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