Brim et al v. Combe Incorporated et al
| Brim, Joseph McGregor, Victor Mendez, Lee Smith, Jeff Stanley, Donald Nubia, Robert Melvin, John Tyler, Latonya Rosser, Henry Tucker, William Wright, James Smith, Arturo Pulido, Ron McCargo, Ronnie Andre Raheem, Joseph Phillips, L. C. Thompson, John McGrew, Henry Weeks, Russell Schmermund, John Robinson, David White, Calbin Woodard, James Minor, Hussein Mucmin, Robert Watson, Eric Underwood, Glenn Stoudemire, Jeffery Robinson, Rabb Rosser, J. D. Perkins, Larry Rodriguez, Joseph Williams, Larry Vincent, Mary Wood, Chloe Strickland, Maureo Ruffin, Joe Meshell, Robbie Wade, Eddie Ward, Elton McDaniels, Kevin Smith, Charlie McKinnie, Ronald Shorts, James Wheeles, John Williams, Wilbert L. Seymour, Willie B McElroy, Orlando Osorio, Bilal Salaam, Michael Sherman, Willie Smith, Ray Serrano, Tyrone Sumpter, Richard Townsend, Clarence Powers, Charity Williams, Clyde Winbush, Tom McKinley, James Turner, Gregory Murray, George Ortega, Daniel Pero, Quillar Merriweather, Lepaez Pittman, Robert McCarty, Lisa Meadors, Anthony Oliver, Garfield Rideout, Jose Rivera, Robert Mendoza, Lyndon Thomas, Reginald Williams, Jezra Wallace, Philip Wolf, Dana McElroy, Carter Rinehart, Juan Santoyo, Sidney L. Pierce, Johnny Sumrall, Bobby Neeley, Gregory Scarbrough, Al Roberts, Steven Pingle, David Williams, Drew Sanders, Victor Vidal, Demetarius Summers, Byron Montgomery, Art McMillian, Jerry Williams, Johnnie Viggins, Chris Pappas, Bill Rollins, Kenneth Reedel, Willie Terry, Christopher Willett, Darryl Woodard, Mitchel Sardinas, Gerald Patrick, Lawrence Moore, Michael Nazario, Donald Shea Parker, Eric Morett, Jeremiah Robinson, Gustavo Torres, Robert Turner, Mckinley Norman, Irwin McCullough, Michael Williams, Craig Vosatka, Jonathan S. Wyse, Maurice White, Meechie Sebron, Bernard Pittman, Garvin Neal, Al Villanueva, Elza Williams, Allan Shaeffer, William W. Taylor, Nicholas Tockey, John Waldecki, Eddie Martinez, Johnathan Nearing, Perry Turner, Andrew Roberts, Vince Yiannackopoulos, Mrs. Donald J. Martin, Billy Mounger, Danny J. Widener, Paris Strozier, Cedric McClarty, Jerome Wiggins, Carl Umstead, Keith O'Larry, Roderick Robertson, Richard Roberts, Richard Swader, Tyreek Rollins, David Tolliver, John Snell, Robert McGhee, Tessa Mingo, Gary Roseboro, Linda Peoples, John Thomas, Harry Sanders, Robert Midcalf, Dewayne Smith, Jamie Stewart, Howard Young, Lewis Winfield, Robert Thomisee, Kevin Nelson, Charles Waters, Jim McKinley, Kilroy Wilson, Rocky William Vancenbrock, Deneedly Wells, Clarence Smith, Jackie Shackleford, Daniel Thomas, James Trivette, Michael Moore, Deon McKnight, Antony Williams, Edward Risper, Radel Pugh, Deoctavian Weeks, Edward Perkinson, Agnew Mathis, Darryl Murphy, Ernest Nixon, Waiters, Michael Valchuis, Scottie Primus, John McCullum, William Webb, Edward Joseph Fugate, Tracy Phillips, Dewayne McFerrin, Elias Sanders, Jeffery Robertson, Jerry Morton, Alcides Pina, Bobby Robertson, George Monroe, Doug Wilkerson, Steve Stafford, Auther White, Robert Pettyjohn, Mark Thomas, Wendell Zellars, Lacelle Ware, Kevin Palmer, Mose Waites, Robert Mesquita, Michael Tholkes, Ivan McKinney, Sean Smoot, Joe Williams, Eddy Nunez, Alvin Williams and Kareem Mitchell |
| Combe Incorporated, Combe Products, Inc., Combe International Ltd. and Combe Laboratories, Inc. |
| 3:2016cv00229 |
| March 2, 2016 |
| U.S. District Court for the Southern District of Illinois |
| East St. Louis Office |
| St. Clair |
| David R Herndon |
| Staci M Yandle |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
This docket was last retrieved on November 25, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 67
ORDER: Pursuant to Administrative Order 257, this case has not been selected for potential reassignment to a Magistrate Judge. Accordingly, this case will REMAIN with Judge Staci M. Yandle. Should the parties elect to consent to have a Magistrate Judge conduct all proceedings in this matter, the Notice and Consent to Proceed Before a Magistrate Judge form shall be filed within 14 days of this Order or before the deadline for filing dispositive motions, whichever is later. Consents filed after this deadline may not be accepted by the District Judge. A link regarding the magistrate judges in this district is included for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Signed by Judge Staci M. Yandle on 11/25/2019. (jlrr)
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Filing 66
ORDER: In light of the Order re Settlement Agreement and Deadlines (see In re: Just for Men Mass Tort Litigation, Case No. 16-cv-638, Doc. 80), all pending motions are TERMINATED as MOOT and all proceedings in this matter are STAYED. Signed by Judge Staci M. Yandle on 5/20/2019. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set/Reset Deadlines as to #61 MOTION to Dismiss for Lack of Jurisdiction , #64 MOTION to Dismiss as an Improper Party, #63 MOTION to Dismiss for Lack of Jurisdiction , #62 MOTION to Dismiss for Failure to State a Claim . Responses due by 6/5/2019 (kls3) |
Filing 65
ORDER: The briefing deadlines on the pending motions are EXTENDED by 30 days. Signed by Judge Staci M. Yandle on 5/1/2019. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 64 MOTION to Dismiss as an Improper Party by Combe Laboratories, Inc.. Responses due by 5/6/2019 (Attachments: #1 Exhibit A)(Strauss, Stephen) |
| Filing 63 MOTION to Dismiss for Lack of Jurisdiction by Combe International Ltd.. Responses due by 5/6/2019 (Attachments: #1 Exhibit A)(Strauss, Stephen) |
| Filing 62 MOTION to Dismiss for Failure to State a Claim by Combe Incorporated, Combe Products, Inc.. Responses due by 5/6/2019 (Strauss, Stephen) |
| Filing 61 MOTION to Dismiss for Lack of Jurisdiction by Combe Incorporated, Combe Products, Inc.. Responses due by 5/6/2019 (Strauss, Stephen) |
Filing 60
ORDER: In light of the Amended Complaint (Doc. #59 ), Defendants' motions to dismiss (Docs. #32 and #33 ) are TERMINATED as MOOT. Signed by Judge Staci M. Yandle on 3/21/2019. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 59 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Schulte, Richard) |
| Filing 58 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #57 Amended Complaint filed by Victor Mendez, Orlando Osorio, Dewayne Smith, Jim McKinley, Clyde Winbush, Thomas Richardson, Ray Serrano, Demeco Poindexter, Mickey Merical, Jeremiah Robinson, Mark Thomas, Jackie Shackleford, Anthony Oliver, Robert Mesquita, Willie B McElroy, Daniel Thomas, Meechie Sebron, Lisa Meadors, Melvin Roby, Eric Morett, Robert Smith, Jerry Rivera, Jerome Wiggins, Doug Wilkerson, Antony Williams, Jeffery Robertson, Garvin Neal, Gregory Murray, James Trivette, Kevin Mitchell, Gregory Scarbrough, Jerry Morton, John Snell, Robert Rouse, Donald Nubia, Tom McKinley, Glenn Stoudemire, James Wheeles, Timothy Pettie, Alvin Williams, Robert Thomisee, Elton McDaniels, Willie Terry, Kilroy Wilson, David Williams, Louis Robeson, Andrew Roberts, Michael Nazario, Howard Young, Nicholas Tockey, George Monroe, Art McMillian, James Turner, Roderick Robinson, Robert Pettyjohn, John Tyler, Scottie Primus, David Tucholski, Mitchel Sardinas, Bilal Salaam, Garfield Rideout, Kevin Smith, Ron McCargo, Mary Wood, Ivan McKinney, Quillar Merriweather, Ralpheal Tate, Keith O'Larry, Tyreek Rollins, John Robinson, Eddy Nunez, Derrick Stevenson, Donald Shea Parker, William Wright, Terri Perry, Jerry Williams, Lacelle Ware, Paris Strozier, Joseph Williams, Danny J. Widener, Richard Swader, Steve Stafford, John Williams, Mose Waites, John Thomas, Alcides Pina, Keyo Mazyck, Johnnie Brim, Tessa Mingo, Morris Thompson, Allan Shaeffer, Clarence Powers, Keith McNair, Trenton Powell, Michael Sherman, Larry Rodriguez, Deneedly Wells, Demetarius Summers, Elias Sanders, Roderick Robertson, Waiters, Shamont Sapp, Deoctavian Weeks, Maureo Ruffin, Gregory Winn, Al Roberts, Joseph Phillips, Reginald Williams, Ernest Nixon, Linda Peoples, Elton Wood, Darryl Woodard, Drew Sanders, Jeffery Robinson, Stephen Ottley, Eddie Martinez, Maurice White, Henry Tucker, Agnew Mathis, David Tolliver, Johnnie Viggins, Cedric McClarty, Robert Turner, Michael Williams, James Smith, Dewayne McFerrin, Charity Williams, Robert McGhee, Philip Wolf, L. C. Thompson, Chloe Strickland, Gustavo Torres, Louie Person, Kevin Nelson, Clarence Smith, James Wilson, Robert Midcalf, William Webb, Daniel Pero, Robert Watson, Ronnie Andre Raheem, Lewis Winfield, Bobby Neeley, Eddie Ward, Chris Pappas, Calbin Woodard, William Yatsko, David White, Martin Neal, Gerald Patrick, Gary Roseboro, John Wurst, Eric Underwood, Tyrone Sumpter, Gary Picot, Lepaez Pittman, Richard Roberts, Darryl Murphy, Robert Wolf, John McCullum, Craig Vosatka, Robert Mendoza, Joe Meshell, Byron Montgomery, Maurice Thomas, James Minor, George Ortega, Sean Smoot, Mckinley Norman, Steven Pingle, Arturo Pulido, Al Villanueva, Marty Trejo, Dana McElroy, Deon McKnight, Kevin Palmer, Edward Risper, Curtis West, Harry Sanders, Mrs. Donald J. Martin, Bobby Robertson, Joe Williams, Robert Melvin, Kenneth Reedel, William Seminario, Rocky William Vancenbrock, Carter Rinehart, Charlie McKinnie, John Waldecki, Jamie Stewart, Robbie Wade, Rabb Rosser, Lee Smith, Kareem Mitchell, Russell Schmermund, Richard Ogren, Johnny Sumrall, Raymond Rodriguez, Michael Valchuis, Wendell Zellars, Latonya Rosser, Perry Turner, Andrey Nguyen, William W. Taylor, Carl Umstead, Robert McCarty, Johnathan Nearing, Michael Tholkes, Jeff Stanley, Herbert Rowser, Henry Weeks, Joseph McGregor, Clinton Sparkman, Hussein Mucmin, Edward Wroten, Charles Waters, Jerry Walker, John McGrew, Sidney L. Pierce, Juan Santoyo, Elza Williams, John McCall, Elliott Pickens, Radel Pugh, David L. McClain, Billy Mounger, Lawrence Moore, Kenneth Richardson, J. D. Perkins, Ronald Shorts, Michael Moore, Jezra Wallace, Victor Vidal, Willie Smith, Tracy Phillips, Eric Russell, John Morris, Jonathan S. Wyse, Christopher Willett, Terry Whitt, Auther White, Richard Townsend, Wilbert L. Seymour, Irwin McCullough, Edward Perkinson, Vince Yiannackopoulos, Larry Vincent, Lyndon Thomas, Bernard Pittman, Jose Rivera, Bill Rollins, Alexander Rivera. The parties listed in the Amended Complaint are not correct. Efiler has been instructed to refile a corrected copy of this pleading. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 57 ENTRY STRICKEN: AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Schulte, Richard) Modified on 3/19/2019 (lmb). |
Filing 56
ORDER GRANTING Plaintiffs' Motion to Amend/Correct Complaint (Doc. #53 ): Plaintiffs move for leave the amend the Complaint in each of the pending Just For Men cases. Defendants oppose the motion asserting that Plaintiffs' have not articulated a valid basis to justify amending the Complaints, that the proposed amendments are futile, and that the motions are untimely. Federal Rule of Civil Procedure 15(a) provides that leave to amend should be freely given "when justice so requires." A court may deny a party leave to amend if there is undue delay, dilatory motive or futility. Park v. City of Chicago, 297 F.3d 606, 612 (7th Cir. 2002). Here, Plaintiffs have not acted with dilatory motive nor is the proposed amended complaint futile. Further, although this litigation has been pending since 2016, it is not at an advanced stage procedurally due to the parties' agreement to stay the cases while they engaged in settlement discussions. Accordingly, the Motion is granted and Plaintiffs are DIRECTED to file their First Amended Complaints by March 18, 2019. Signed by Judge Staci M. Yandle on 3/11/2019. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set/Reset Deadlines: Plaintiffs are DIRECTED to file their First Amended Complaints by March 18, 2019. (lmb) |
| Filing 55 MEMORANDUM in Opposition re #53 MOTION to Amend/Correct Complaint filed by All Defendants. (Strauss, Stephen) |
| Filing 54 MEMORANDUM in Support re #53 MOTION to Amend/Correct Complaint filed by All Plaintiffs. (Schulte, Richard) |
| Filing 53 MOTION to Amend/Correct Complaint by All Plaintiffs. (Schulte, Richard) |
| Filing 52 NOTICE by Combe Incorporated, Combe International Ltd., Combe Products, Inc. re #33 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support Defendants' Notice of Supplemental Authority (Attachments: #1 Exhibit A)(Strauss, Stephen) |
Filing 51
ORDER: In light of the Court's Order re: Briefing Schedule of Defendants' motions to dismiss for lack of personal jurisdiction (Doc. #50 ), the motion for extension of time (Doc. #47 ) is TERMINATED as MOOT. Signed by Judge Staci M. Yandle on 1/24/2019. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 50
ORDER Re: Briefing Schedule on Defendants' motions to dismiss for lack of personal jurisdiction. Signed by Judge Staci M. Yandle on 1/23/2019. (mah)
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Filing 49
ORDER GRANTING Motion to Withdraw as Attorney (Doc. #44 ). Attorney Stefan Mallen is terminated as counsel for Defendants. Signed by Judge Staci M. Yandle on 1/17/2019. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 48 MEMORANDUM in Support re #47 MOTION for Extension of Time to File Response/Reply as to #43 Order, re Defendants' Motion to Dismiss for Lack of Personal Jurisdiction and Combe Laboratories Motion to Dismiss as Improper Party, Motion to Dismiss for Failure to State a Claim and Motion to Strike Class Allegation filed by All Plaintiffs. (Attachments: #1 Errata A, #2 Exhibit B, #3 Exhibit C)(Denton, Roger) |
| Filing 47 MOTION for Extension of Time to File Response/Reply as to #43 Order, re Defendants' Motion to Dismiss for Lack of Personal Jurisdiction and Combe Laboratories Motion to Dismiss as Improper Party, Motion to Dismiss for Failure to State a Claim and Motion to Strike Class Allegations by All Plaintiffs. (Denton, Roger) |
| Filing 46 Case Reassigned to Judge Staci M. Yandle. Judge Nancy J. Rosenstengel no longer assigned to the case. (slj2) |
| Filing 45 Case Reassigned to Judge Nancy J. Rosenstengel. Judge David R. Herndon no longer assigned to the case. (slj2) |
| Filing 44 MOTION to Withdraw as Attorney by All Defendants. (Mallen, Stefan) |
Filing 43
ORDER Reinstating Judicially Termed Motions to Dismiss. The Court hereby reinstates Defendants' Motion to Dismiss for Failure to State a Claim (Doc. No. #32 ) and Defendants' Motion to Dismiss for Lack of Personal Jurisdiction and to Dismiss Improper Parties (Doc. No. #33 ). Plaintiffs shall have 30 days from the date of this order to respond to the motions. Signed by Judge David R. Herndon on 1/4/2019. (arf)
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Filing 42
ORDER: The Court held a status conference on January 4, 2019, on the record, with all parties represented, some counsel appearing by phone. This hearing represented a culmination of a year plus of mediating intensely and frequently in order to attempt in every way to reach a compromise of this litigation. The mediation was conducted by court appointed special masters and mediators, Randi Ellis and the Hon. Dan Stack (retired), who did a great deal of work to facilitate a possible compromise. Part of their work involved mediating insurance coverage issues, saving the Court and the parties a great deal of time and resources in avoiding a declaratory action or intervention. Prior to the intense mediation efforts, discovery was conducted and the plaintiffs in concert with the mediation efforts produced plaintiff fact sheets. With encouragement from the Court, and substantially prior to the completion of discovery, the parties all agreed informally to a cessation of the discovery process to concentrate on mediation. The Court's urging came on the recognition by all parties, commendably, that all were interested in pursuing potential compromise rather than engaging in costly discovery and posturing about how each would prevail at trial and so forget talk of a compromise. Without blame to either side, that particular point at which any piece of litigation can be compromised because each side sacrifices some and gains some could not be reached here. Therefore, the Court will reinstate the various motions which defendant filed but which the Court on its own motion administratively termed in order to facilitate the settlement track. There is much work to be accomplished, which is rare in cases with a lengthy time on file already. The unique posture of this case as heretofore described must be taken into account. The work, and all of the work, of masters Ellis and Stack benefitted the litigation as a whole and therefore, regardless of what their specific mediation dealt with, compromise of the litigation or mediation of the insurance issues, each side plaintiff/defendant must share equally in their compensation and it is ordered that each side compensate them immediately for work to date and to stay current with their billing. Signed by Judge David R. Herndon on 1/4/2019. (arf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 41
ORDER granting #40 Motion to Dismiss. Based on the directives set forth in CMO 3, filed in the Just for Men Master Docket (3:16-cv-00638-DRH, d/e 6), the Court GRANTS defendant Combe's motion to convert the dismissals of the plaintiffs listed in exhibit A to the #40 motion from those without prejudice, to those with prejudice. Accordingly, the plaintiffs listed in Exhibit A are hereby dismissed with prejudice. Signed by Judge David R. Herndon on 5/7/2018. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 40 MOTION to Dismiss With Prejudice Certain Plaintiffs for Failure to Produce Plaintiff Fact Sheets by All Defendants. Responses due by 5/17/2018 (Attachments: #1 Exhibit A)(Strauss, Stephen) |
Filing 39
ORDER granting in part and denying in part #36 Defendant Combe's Motion to Dismiss Certain Plaintiffs for Failure to Produce Plaintiff Fact Sheets (PFS). Pursuant to CMO No. 3 filed in the Just for Men Master Docket, defendant Combe filed its #36 Motion to Dismiss. Per CMO No. 3, all delinquent plaintiffs listed by Combe in its motion to dismiss had 14 days to supply defendant with a completed PFS or risk having their cases dismissed. Here, no plaintiffs listed in Exhibit A provided completed PFS' within the timeframe, however defendant filed #38 Notice Withdrawing Motion to Dismiss as to plaintiff Robert Smith. Accordingly, #36 Combe's motion to dismiss is denied as to plaintiff Robert Smith and granted without prejudice as to the claims of the other plaintiffs listed in Exhibit A of the motion. Signed by Judge David R. Herndon on 2/6/2018. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 38 NOTICE by All Defendants Notice Withdrawing Motion to Dismiss for Plaintiff Robert Smith Only (Strauss, Stephen) |
| Filing 37 NOTICE OF CANCELLATION of Hearing: On the Court's own motion, the presumptive trial month of March, 2018, is CANCELLED and will be reset by further order of the Court. (arf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 36 MOTION to Dismiss Certain Plaintiffs For Failure To Produce Plaintiff Fact Sheets by All Defendants. Responses due by 2/23/2018 (Attachments: #1 Exhibit A)(Strauss, Stephen) |
Filing 35
ORDER judicially terminating #33 Motion to Dismiss Case for Lack of Jurisdiction. Per the status conference held on October 10, 2017, this motion is judicially terminated with leave to reinstate. Signed by Judge David R. Herndon on 10/13/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 34
ORDER judicially terminating #32 Motion to Dismiss for Failure to State a Claim. Per the status conference held on October 10, 2017, this motion is judicially terminated with leave to reinstate. Signed by Judge David R. Herndon on 10/13/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 33 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support by All Defendants. Responses due by 10/23/2017 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Strauss, Stephen) |
| Filing 32 MOTION to Dismiss for Failure to State a Claim and Memorandum in Support by All Defendants. Responses due by 10/23/2017 (Strauss, Stephen) |
Filing 31
ORDER judicially terminating #7 Motion to Dismiss for Failure to State a Claim. Per the status conference held on August 22, 2017, this motion is judicially terminated with leave to reinstate. Signed by Judge David R. Herndon on 9/5/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 30
ORDER judicially terminating #6 Motion to Dismiss Case for Lack of Jurisdiction. Per the status conference held on August 22, 2017, this motion is judicially terminated with leave to reinstate. Signed by Judge David R. Herndon on 9/5/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 29
ORDER granting #28 Motion to Withdraw as Attorney. Attorney Philip Sholtz terminated as to all plaintiffs. Signed by Judge David R. Herndon on 10/11/16. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 28 MOTION to Withdraw as Attorney by All Plaintiffs. (Sholtz, Philip) |
Filing 27
CASE COORDINATION ORDER. Signed by Judge David R. Herndon on 6/27/16. (klh)
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| Filing 26 Minute Entry for proceedings held before Judge David R. Herndon: Status Conference held on 6/9/2016 in chambers and off record. Roger C. Denton, John J. Driscoll, Kristine K. Kraft, and Richard Schulte appear for Plaintiffs. Dan H. Ball, Stephen G. Strauss, and Rick Cassetta appear for Defendants. (lmt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 25 NOTICE of Appearance by Kristine K. Kraft on behalf of All Plaintiffs (Kraft, Kristine) |
Filing 24
ORDER In light of the magnitude of this litigation at this point, given the combined number of litigants with all cases considered, the automatic referral of this case to Magistrate Judge Frazier for handling pretrial matters is hereby withdrawn. The undersigned district judge will preside over the pretrial matters. As a consequence, the telephonic scheduling conference set with Judge Frazier for June 7, 2016 is cancelled. Instead, an in court scheduling and status conference is set before the undersigned judge on June 9, 2016 at 1:30 PM in Courtroom 1 in East Saint Louis, IL. Lead counsel must participate. ( Status Conference set for 6/9/2016 01:30 PM in East St. Louis Courthouse before Judge David R. Herndon.) Signed by Judge David R. Herndon on 5/24/16. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 23 NOTICE of Appearance by Roger C. Denton on behalf of All Plaintiffs (Denton, Roger) |
| Filing 22 REPLY to Response to Motion re #7 MOTION to Dismiss for Failure to State a Claim filed by All Defendants. (Strauss, Stephen) |
| Filing 21 REPLY to Response to Motion re #6 MOTION to Dismiss for Lack of Jurisdiction and Motion to Dismiss an Improper Party filed by Combe Incorporated, Combe International Ltd., Combe Laboratories, Inc., Combe Products, Inc.. (Strauss, Stephen) |
Filing 20
ORDER REGARDING DISCOVERY: Disputes which require a ruling on a motion made under Rule 37 of the Federal Rules of Civil Procedure will be handled in the following manner. The party seeking a discovery order shall request a prompt telephone conference with Judge Frazier and opposing counsel by alerting the law clerk assigned to the case and providing the law clerk with appropriate material, such as: (1) a list or summary of the items in dispute, (2) copies of written requests/objections/privilege logs in dispute, and (3) an estimate of the amount of time needed to present argument to the Court. Law clerks prefer to receive these materials through Judge Frazier's email depository for proposed documents. When the conference is set, the party seeking discovery shall place the conference call between the parties and the Court. Argument on motions to compel discovery or for discovery sanctions shall be presented orally at the telephone conference. Written motions or legal memoranda will not be accepted unless specifically requested. The expense of the call will be borne by the non-prevailing party. Signed by Magistrate Judge Philip M. Frazier on 4/21/2016. (krm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 19 NOTICE of Scheduling and Discovery Conference: Scheduling/Discovery Conference set for 6/7/2016 10:30 AM via telephone before Magistrate Judge Philip M. Frazier. To join the conference call the parties should call 1-888-684-8852 and enter the access code 1026624. Then when prompted, enter security code 57549. Lead counsel for the parties must participate in the conference call. (krm) |
Filing 18
ORDER Striking and Continuing the Scheduling and Discovery Conference presently set for 4/19/2016 at 11:00 AM. The conference will be reset by separate notice. Signed by Magistrate Judge Philip M. Frazier on 4/15/2016. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 17
ORDER Granting #16 MOTION to Appear Pro Hac Vice by Attorney Richard W. Schulte. (mar)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 MOTION to Appear Pro Hac Vice by Attorney Richard W. Schulte $200 fee paid,receipt number 0754-2913988 by on behalf of All Plaintiffs. (Schulte, Richard) |
| Filing 15 RESPONSE in Opposition re #7 MOTION to Dismiss for Failure to State a Claim filed by All Plaintiffs. (Driscoll, John) |
| Filing 14 RESPONSE in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction and Motion to Dismiss an Improper Party filed by All Plaintiffs. (Attachments: #1 Exhibit A)(Driscoll, John) |
| Filing 13 NOTICE of Appearance by Daniel C. Nester on behalf of Combe Incorporated, Combe International Ltd., Combe Laboratories, Inc., Combe Products, Inc. (Nester, Daniel) |
| Filing 12 NOTICE of Appearance by Dan H. Ball on behalf of Combe Incorporated, Combe International Ltd., Combe Laboratories, Inc., Combe Products, Inc. (Ball, Dan) |
| Filing 11 NOTICE of Appearance by Stefan Mallen on behalf of Combe Incorporated, Combe International Ltd., Combe Laboratories, Inc., Combe Products, Inc. (Mallen, Stefan) |
Filing 10
ORDER REGARDING DISCOVERY: Disputes which require a ruling on a motion made under Rule 37 of the Federal Rules of Civil Procedure will be handled in the following manner. The party seeking a discovery order shall request a prompt telephone conference with Judge Frazier and opposing counsel by alerting the law clerk assigned to the case and providing the law clerk with appropriate material, such as: (1) a list or summary of the items in dispute, (2) copies of written requests/objections/privilege logs in dispute, and (3) an estimate of the amount of time needed to present argument to the Court. Law clerks prefer to receive these materials through Judge Frazier's email depository for proposed documents. When the conference is set, the party seeking discovery shall place the conference call between the parties and the Court. Argument on motions to compel discovery or for discovery sanctions shall be presented orally at the telephone conference. Written motions or legal memoranda will not be accepted unless specifically requested. The expense of the call will be borne by the non-prevailing party. Signed by Magistrate Judge Philip M. Frazier on 3/16/2016. (krm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 NOTICE of Scheduling and Discovery Conference: Cases 16-228-DRH-PMF, Brownlee, et al v. Combe Incorporated, et al and 16-229-DRH-PMF, Brim, et al v. Combe Incorporated, et al are consolidated for purposes of the Scheduling and Discovery Conference only. Scheduling and Discovery Conference set for 4/19/2016 at 11:00 AM before Magistrate Judge Philip M. Frazier via telephone. To join the conference call the parties should call 888-684-8852. The access code is 1026624. The security code is 57549. Lead counsel for the parties must participate in the conference. (krm) |
| Filing 8 CJRA TRACK D assigned: Jury Trial set for presumptive trial month March, 2018, in East St. Louis Courthouse before Judge David R. Herndon. (Attachments: #1 Consent to Magistrate Judge)(cekf) |
| Filing 7 MOTION to Dismiss for Failure to State a Claim by Combe Incorporated, Combe International Ltd., Combe Laboratories, Inc., Combe Products, Inc.. Responses due by 4/11/2016 (Strauss, Stephen) |
| Filing 6 MOTION to Dismiss for Lack of Jurisdiction and Motion to Dismiss an Improper Party by Combe Incorporated, Combe International Ltd., Combe Laboratories, Inc., Combe Products, Inc.. Responses due by 4/11/2016 (Attachments: #1 Exhibit 1)(Strauss, Stephen) |
| Filing 5 NOTICE of Appearance by Philip Sholtz on behalf of All Plaintiffs (Sholtz, Philip) |
| Filing 4 Notice of Judge Assignment. Judge David R. Herndon and Magistrate Judge Philip M. Frazier assigned. All future documents must bear case number 16-229-DRH-PMF. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (mar) |
| Filing 3 Corporate Disclosure Statement by All Defendants identifying Corporate Parent Combe Incorporated, Other Affiliate Combe Products, Inc., Other Affiliate Combe Laboratories, Inc., Other Affiliate Combe International Ltd. for Combe Incorporated. (Strauss, Stephen) |
| Filing 2 NOTICE of Appearance by Stephen G. Strauss on behalf of All Defendants (Strauss, Stephen) |
| Filing 1 NOTICE OF REMOVAL from St. Clair County Circuit Court, case number 16-L-0018 ( Filing fee $ 400 receipt number 0754-2876262), filed by All Defendants. (Attachments: #1 Exhibit A - State Court File, #2 Civil Cover Sheet)(Strauss, Stephen) |
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