Simpson, et al v. Bayer Healthcare, et al

Filing 333

ORDER ADOPTING REPORT AND RECOMMENDATION REGARDING ATTORNEY FEES. IT IS HEREBY ORDERED: 1. The Court ADOPTS the Report and Recommendation by Special Master Tara C. Norgard, dated January 25, 2024 330 ; 2. Olshan Frome Wolosky LLP& #039;s Motion to Intervene and for Attorneys' Fees, Expenses, and Costs Pursuant to 31 U.S.C. § 3730(d) 286 is GRANTED to the extent detailed in the Report and Recommendation. (See Order for details). (Written Opinion) Signed by Judge Michael J. Davis on 4/2/2024.(GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

United States of America,
ex rel. Laurie Simpson,
Plaintiff,
v.

ORDER ADOPTING REPORT AND
RECOMMENDATION REGARDING
ATTORNEY FEES
Civil File No. 08-5758(MJD)

Bayer Corporation, Bayer AG,
and Bayer Healthcare
Pharmaceuticals, Inc.,
Defendants.
Kyle C. Bisceglie, Olshan Frome Wolosky, LLP, in association with local counsel
D. Clay Taylor, Taylor Fricton, PLLC, Former Proposed Intervenor and Former
Counsel to Relator Laurie Simpson.
John Marti, Alex P. Hontos, Caitlin L.D. Hull, Dorsey & Whitney LLP, Jonathan
F. Cohn, Lehotsky Keller Cohn LLP, on behalf of Defendants.
I.

INTRODUCTION
This matter is before the Court on the Report and Recommendation by

Special Master Tara C. Norgard, dated January 25, 2024. (Doc. 330 (“the R&R”).)
The R&R recommends that the Olshan Law Firm’s Motion to Intervene and for

1

Fees Pursuant to 32 U.S.C. § 3730(d) be granted to the extent explained in the
R&R. There are no objections to the R&R.
Pursuant to statute, the Court has conducted a de novo review of the
record. See Fed. R. Civ. P. 53(f)(3)-(5) (legal and factual conclusions must be
reviewed de novo, but procedural matters are typically reviewed for an abuse of
discretion). Based on that review and in consideration of the applicable law, the
Court will adopt the R&R in its entirety.
The Court also reiterates the following:
The special master shall be compensated at the rate of $685 per hour.
Compensation of the special master shall be apportioned as follows:
50% will be paid for by Plaintiffs and 50% will be paid for by
Defendants.
(Doc. 312 at 2.) Therefore, to the extent the Olshan Firm’s March 13, 2024 letter
stating objections to paying half of the Special Master’s fees (Doc. 331) is a latefiled objection to the R&R, that objection is OVERRULED.
II.

ORDER
Based upon the files, records, and proceedings herein, IT IS HEREBY

ORDERED:
1.

The Court ADOPTS the Report and Recommendation by Special

Master Tara C. Norgard, dated January 25, 2024 [Doc. 330];
2

2.

Olshan Frome Wolosky LLP’s Motion to Intervene and for

Attorneys’ Fees, Expenses, and Costs Pursuant to 31 U.S.C. § 3730(d) [Doc.
286] is GRANTED to the extent detailed in the Report and
Recommendation;
3.

Olshan Frome Wolosky is awarded fees for work on the underlying

litigation in the amount of $247,789.58;
4.

Olshan Frome Wolosky is awarded costs and expenses associated

with work on the underlying litigation in the amount of $7,346.69;
5.

Olshan Frome Wolosky is awarded fees for fees on fees work in the

amount of $43,727.40; and
6.

Olshan Frome Wolosky is awarded costs and expenses associated

with fees on fees work in the amount of $6,105.18.

Dated: April 2, 2024

s/Michael J. Davis
Michael J. Davis
United States District Court

3