In re: Just for Men Mass Tort Litigation

Filing 41

CASE MANAGEMENT ORDER ("CMO") No. 8 regarding Plaintiff Fact Sheet Completion. Signed by Judge David R. Herndon on 7/17/2018. (ceh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EAST ST. LOUIS DIVISION
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® Cases

CASE MANAGEMENT ORDER NO. 8 REGARDING DEADLINES FOR
COMPLETION OF PLAINTIFF FACT SHEETS AND CATEGORIZATION
OF CASES ACCORDING TO INJURY LEVEL
HERNDON, District Judge:
Due to the substantial number of cases alleging injuries from the use of
Defendants’ marketed products, known as the Just for Men® hair coloring
products, this Court entered a Case Coordination Order on June 28, 2016 (doc.
2) for the purpose of managing coordinated proceedings for pretrial matters.
Since that time, the parties have conducted extensive discovery. In further
management of discovery in this litigation, it is necessary (a) to establish
deadlines for completion of Plaintiff Fact Sheets (“PFS”) for every case that has
been filed or is the subject of a Tolling Agreement with Defendants, and (b) for
each Plaintiffs’ Counsel to provide an accurate accounting of all filed and unfiled
cases

contained

in

their

inventory

to

Liaison

Counsel,

Kristine

Kraft,

[e-mail]. To that end, this Order requires all Plaintiffs’ Counsel

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having one or more cases involving Just for Men® products to adhere to the
deadlines and terms set forth in this Order:
No later than August 31, 2018, each Plaintiff whose case is

1.

currently docketed in this Court, and each case that is the subject of a Tolling
Agreement with Defendants shall serve a completed Plaintiff Fact Sheet,
Authorizations, Responsive Documents, and required Photographs (before use,
during injury, and current photographs), including any supplementations thereto,
by uploading such documents with the Record Copy Service Vendor approved by
this Court, Litigation Management, Inc. (“LMI”.). This Order sets a deadline for
all PFS submissions, but does not extend any deadlines that have passed or that
shall occur before August 31, 2018, related to individual PFS submissions already
in process.
2.

No later than August 31, 2018, all Plaintiffs’ Counsel must upload

to Litigation Management, Inc. (“LMI”), all evidentiary support that Plaintiffs’
Counsel deems necessary in each case, whether filed or unfiled, to substantiate
the existence and degree of the alleged injuries. Plaintiffs’ Counsel therefore, must
produce all applicable medical records and photographs, as well as any other
supporting documentation, by uploading them to LMI, no later than August 31,
2018.

The failure to produce this supporting documentation by August 31,

2018 will result in exclusion of such documentation for consideration of
evidentiary support of damages for any purposes during the pretrial period,
absent a showing of good cause excusing non-compliance with this Order.

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3.

No later than August 15, 2018, all Plaintiffs’ Counsel must conduct

careful and thorough assessments of every case in their inventory, whether filed
or unfiled, and provide that assessment to Liaison Counsel pursuant to this
Order. Immediately upon the issuance of this Order, Liaison Counsel, Kristine
Kraft, shall make available to all Plaintiffs’ Counsel a spreadsheet and guidelines
for this process.

Each Plaintiffs’ counsel is instructed to comply with the

guidelines for the assessment process as set forth by Liaison Counsel and shall
not modify the format or fields required by the spreadsheet provided by Liaison
Counsel. If any Plaintiffs’ Counsel has not been contacted within 5 days of the
entry of this Order, they must contact Liaison Counsel, Kristine Kraft,
[e-mail], to ensure they have the proper template for submission of
this material.
4.

All Plaintiffs’ Counsel in this proceeding shall be responsible for

ensuring that all cases related to Just for Men® hair coloring products in which
they have an “Interest” comply with the terms of this Order and shall coordinate
with Primary Counsel to ensure compliance and to avoid submission of the same
case by multiple counsel. Counsel shall be deemed to have an “Interest” in a case
if Counsel (a) has an engagement or retainer agreement with a person to represent
that person in relation to Just for Men® products; or (b) is listed as counsel of
record for a Plaintiff in filed pleadings.
5.

Primary Counsel shall be responsible for fully complying with this

Order and shall provide the information required completely and accurately by
the deadlines set forth above.
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6.

The Court expects all Plaintiffs’ Counsel to comply with this Order.

Failure to meet the requirements of this Order by the deadlines set herein may be
subject to a show cause hearing as to why any claims for individuals that have not
complied with the terms of this Order should not be dismissed.

IT IS SO ORDERED.

Judge Herndon
2018.07.17
13:44:37 -05'00'
United States District Judge

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