Alabado v. Bayer Corporation et al

Filing 12

ORDER granting 11 Motion to Establish QSF. Signed by Chief Judge David R. Herndon on 3/4/2013. (dsw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
-----------------------------------------------------------IN RE YASMIN AND YAZ
(DROSPIRENONE) MARKETING, SALES
PRACTICES AND PRODUCTS LIABILITY
LITIGATION
-----------------------------------------------------------Iona Alabado,
Plaintiff
vs.
BAYER HEALTHCARE
PHARMACEUTICALS, INC., ET AL.
Defendants.
AND RELATED CASES (SEE EXHIBIT I
to motion to establish qualified settlement
fund Doc. 11-1)
------------------------------------------------------------

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3:09-md-02100-DRH-CJP
MDL No. 2100
Judge David R. Herndon
ORDER ESTABLISHING
QUALIFIED SETTLEMENT
FUND
Civil Action No.: 10-cv-10378DRH

X

ORDER ESTABLISHING QUALIFIED SETTLEMENT FUND
Upon the Joint Motion to Establish Qualified Settlement Fund, and for
good cause shown, the Court hereby Orders:
1.

Girard Gibbs LLP (“Girard Gibbs”) has settled the instant case as

well as those identified in the “Related Cases Exhibit” (Doc. 11-1) and desires to
establish a “Qualified Settlement Fund” (“QSF”) to aid in administration of those
settlements.

2.

The Girard Gibbs YAZ Qualified Settlement Fund is established as a

QSF within the meaning of Treas. Reg. § 1.468B-1 and pursuant to the
jurisdiction conferred on this Court by Treas. Reg. § 1.468B-1(c)(1).
3.

The Garretson Firm Resolution Group, Inc. is appointed as

administrator (the “Fund Administrator”) pursuant to the terms, conditions and
restrictions of the Escrow Agreement and is hereby granted the authority to
conduct any and all activities necessary to administer this QSF as described in
the Escrow Agreement.
4.

The Fund shall be held at Union Bank of California (“Bank”), a

financial institution doing business in San Francisco, California according to the
terms, conditions and restrictions of this Order.
5.

The Fund Administrator is authorized to effect qualified assignments

of any resulting structured settlement liability within the meaning of Section
130(c) of the Internal Revenue Code to the qualified assignee.
6.

Upon final distribution of all monies paid into the QSF, the Fund

Administrator shall take appropriate steps to wind down the QSF and thereafter
shall be discharged from any further responsibility with respect to the QSF.
IT IS SO ORDERED.
Digitally signed by David R. Herndon
Date: 2013.03.04 14:20:57 -06'00'

Chief Judge
United States District Court

Date: March 4, 2013

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