In Re: Prempro Products et al
ORDER granting 3287 the Common Benefit Committee's Unanimous Motion for Percentage Allocation of Common Benefit Fund and for Second Disbursement of Funds to the extent set forth in the Order and directing the Trustee to disclose the amount and source of any future deposits to the MDL 1507 Fee and Cost Trust Account to Ralph Cloar within 10 days of the deposit. Signed by Judge Billy Roy Wilson on 8/1/2014. (thd)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PREMPRO PRODUCTS LIABILITY
MDL DOCKET NO. 4:03-CV-1507-WRW
The Common Benefit Fee Committee’s (“CBFC”) Unanimous Motion for Percentage
Allocation of Common Benefit Fund and for Second Disbursement of Funds (Doc. No. 3287) is
GRANTED to the extent set out below.
This is the second order for distribution of funds from MDL 1507 Fee and Cost Trust
Account (“Common Benefit Fund”). The first order directed the distribution of funds to
reimburse the attorneys providing work for the common good of all plaintiffs (“Common
Benefit Work”) for the capital contributions they made and expenses they incurred in performing
such work (i.e., their out of pocket costs).1 This order distributes most of the remaining
Common Benefit Fund to the attorneys as fees for their Common Benefit Work, reserving only a
“Holdback Fund,” as described below.
The CBFC’s purpose was to assess and make recommendations regarding disbursement
of the Common Benefit Fund. As the MDL proceedings began to wind down, the CBFC invited
all participating attorneys to apply for compensation for any Common Benefit Work they
performed. The CBFC scrutinized the applications and made preliminary recommendations. All
firms were invited to accept or object to these recommendations. The Honorable James M.
Rosenbaum was appointed as Special Master to assist in resolving any disputes among MDL
Doc. No. 3286.
attorneys regarding the allocation of fees. Ultimately, the CBFC unanimously recommended the
allocation of fees described below, and no objections have been filed.
Accordingly, the CBFC’s recommendation is adopted and the Trustee of the MDL 1507
Fee and Cost Trust Account is directed to forthwith pay the following amounts to each of the
corresponding law firms below:2
Alley & Ingram
Bailey & Galyen
Brent Coon & Assoc. (Jim Morris)
Brooks Law Firm
Bubalo & Hestand
The Calwell Practice
Cloar Law Firm
Cohen & Malad
Fenner & Boles
Finkelstein & Partners
Hausfeld, LLP/Cohen Millstein
Hissey Kientz & Herron
These totals were derived from the percentages for each firm identified in column 2 of
Appendix A of Doc. No. 3288, subject to the adjustment described in Doc. Nos. 3294 and 3296.
Holt, Gary / Eubanks & Associates
Janet Jenner & Suggs
Leeseburg & Valentine
Pollack & Flanders
Pogust, Braslow & Millrood
Brown & Szaller
Miller & Curtis/Morgan Weisbrod
White & Wetherall
Williams Daily O'Leary
The Trustee should issue checks using the same firm names he used in making the
previous distribution of funds unless CBFC member, Ralph Cloar provides a different name or
address within three calendar days of this order.
The funds remaining in the Common Benefit Fund after this disbursement will constitute
the Holdback Fund. The Holdback Fund will be used to correct any errors made in allocation
and to pay for the fees and expenses associated with the work of the Special Master and the
CBFC, with payments to the latter subject to certain agreements made among the CBFC
The Trustee is directed to disclose the amount and source of any future deposits to MDL
1507 Fee and Cost Trust Account to Ralph Cloar of the CBFC within 10 days of the deposit to
facilitate the CBFC’s timely filing of future motions for disbursement.
IT SO ORDERED this 1st day of August, 2014
/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE
See Doc. No. 3288, Exhibit 1.
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