In re: Just for Men Mass Tort Litigation

Filing 4

CMO # 2 ORDER Appointing Leadership Positions. Please See Order for details. Signed by Judge David R. Herndon on 7/5/16. (klh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
______________________________________________________________________________
IN RE: Just For Men® Mass Tort Litigation
Case No. 3:16-cv-00638-DRH
Master Docket – In Re: Just For
Men® Mass Tort Litigation
_____________________________________________________________________________
This Document Relates to:
ALL Just for Men® Mass Tort Cases
CASE MANAGEMENT ORDER NO. 2
Appointing Leadership Positions
HERNDON, District Judge:

The Court having considered Plaintiffs’ Unified Motion for Appointment of
Plaintiffs’ Leadership Structure and having considered the experience of each
applicant as set forth therein, as well as taking into account this Court’s own
experience with certain applicants who have appeared in other complex cases in
this Court, the Court hereby appoints the following Plaintiffs’ counsel to
leadership positions:

I.

Plaintiffs’ Leadership Counsel 1
1.

Executive Committee
Richard W. Schulte, Co-Lead Counsel
Wright & Schulte
865 S. Dixie Drive
Dayton, OH 45377
[e-mail]
Roger C. Denton, Co-Lead Counsel
Schlichter, Bogard & Denton, LLP
100 South Fourth Street, Suite 1200
St. Louis, MO 63102
[e-mail]
John J. Driscoll, State-Federal Coordination Counsel
The Driscoll Firm P.C.
One Metropolitan Square
211 N. Broadway
40th Floor
St. Louis, MO 63102
[e-mail]

2.

Liaison Counsel
Kristine K. Kraft
Schlichter, Bogard & Denton, LLP
100 South Fourth Street, Suite 1200
St. Louis, MO 63102
[e-mail]

3.

Steering Committee
Joseph Osborne
Osborne & Associates
Mizner Park Office Plaza North
433 Plaza Real Blvd. Suite 271
Boca Raton, FL 33432
[e-mail]

1

As used herein, the term “Plaintiffs’ Leadership Counsel” shall include the Executive Committee,
Liaison Counsel, and the Steering Committee.

2

Jon C. Conlin
Cory Watson Attorneys
2131 Magnolia Ave S
Birmingham, AL 35205
[e-mail]
Angela Mason
The Cochran Firm
111 E. Main Street
Dothan, AL 36301
[e-mail]
Jay Urban
Urban & Taylor, S.C.
The Urban Taylor Law Building
4701 N. Port Washington Road
Milwaukee, WI 53212
[e-mail]
Tad Thomas
Thomas Law Offices
9418 Norton Commons Blvd., Suite 200
Louisville, KY 40059
[e-mail]
II.

Responsibilities of the Executive Committee and Liaison Counsel
Executive Committee will be charged with directing the litigation on behalf

of all Plaintiffs and to assign and monitor the work of the Steering Committee. In
addition, the Executive Committee will explore, develop and pursue all settlement
options pertaining to any claim or portion thereof of any case filed in this
litigation. The Executive Committee is also charged with determining the amount
of capital contributions from the steering committee The Executive Committee is
also charged with determining the amount of capital contributions from the
steering committee and with making recommendations to the Court on the

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common benefit fees. Decisions of the Executive Committee shall be made by
majority vote of the Executive Committee members.
Co-Lead Counsel shall have the duty and authority to speak on behalf of all
Plaintiffs with respect to Defense Counsel and the Court and to negotiate and
enter into stipulations with Defendants regarding this litigation.
State-Federal Coordination Counsel will be charged with reporting to this
Court on all activity in state court jurisdictions and facilitate state court
coordination with this Court.
Liaison

Counsel

will

coordinate

administrative

matters

and

communications with the Court’s Staff, the District Clerk’s Office and the Court,
and will submit agendas for court conferences.

Liaison Counsel will also be

charged with creating a PSC checking account for shared common benefit
expenses and with creating a method to track time and common benefit expenses
among the leadership group. With regard to the Master Docket, Liaison Counsel
shall serve as the recipient for all pleadings and Court orders as well as file all
pleadings on behalf of all plaintiffs. In addition, Liaison Counsel will provide all
plaintiffs’ counsel with pleadings and other matters docketed in the Master
Docket via email. 2

In addition Plaintiffs’ Liaison Counsel shall establish a

document depository, real or virtual, to be available to all participating Plaintiffs’
counsel; and carry out such other duties as the Court may order.

2

All interested counsel are Ordered to provide current and updated contact information to
Liaison Counsel.

4

III.

Responsibility of Plaintiffs Steering Committee
Plaintiffs’ Steering Committee at the direction of the Executive Committee

and/or Liaison Counsel shall have the following responsibilities:
a.
b.

To retain necessary consulting and testifying expert witnesses
on behalf of all Plaintiffs.

c.

Submit and argue all verbal or written motions presented to
the Court on behalf of all Plaintiffs as well as oppose when
necessary any motions submitted by Defendants.

d.

Work with the Executive Committee and Liaison Counsel to
coordinate with Plaintiffs’ Steering Committee, to schedule
meetings, telephone conferences, appearing at periodic Court
noticed status conferences (if requested).

f.
IV.

Initiate, coordinate, and conduct pretrial discovery on behalf of
Plaintiffs in the consolidated litigation.

Perform other functions that may be expressly authorized or
directed by further Court Orders.

Personal Nature of Appointment
The appointment to Plaintiffs’ Leadership Counsel is of a personal nature.

Accordingly, the above appointees cannot be substituted by other attorneys,
including attorneys of the appointee’s law firm, to perform the exclusive functions
of Plaintiffs’ Leadership Counsel, such as committee meetings and court
appearances, except without prior Court approval.
V.

Defendants’ Counsel
The Court APPPOINTS attorney Stephen G. Strauss as Lead Counsel and

Liaison Counsel for Defendants.

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VI.

Lastly, The Court directs the Clerk of the Court to:
1.

Revise the Master Docket to identify Plaintiffs’ Co-Lead and Plaintiffs’

Liaison Counsel and Defendants’ Lead Counsel and Liaison Counsel as the only
counsel of record for the Master Docket Case No. 3:16-cv-00638-DRH.
2.

Ensure that Plaintiffs’ Co-Lead and Plaintiffs’ Liaison Counsel are

identified as Counsel of Record in current and later filed individual member
actions.
SO ORDERED:

Digitally signed by
Judge David R.
Herndon
Date: 2016.07.05
11:42:00 -05'00'
United States District Court

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Date: July 5, 2016