In Re: Purdue Pharma L.P.

Filing 60

ORDER ON THE PENDING MOTIONS TO INTERVENE BY THE AD HOC COMMITTEE OF NAS CHILDREN, THE MULTI-STATE GOVERNMENT ENTITIES GROUP, AND THE AD HOC GROUP OF INDIVIDUAL VICTIMS OF PURDUE PHARMA L.P., ET AL denying (44) Motion to Intervene; granting (46) M otion to Intervene; granting (48) Motion to Intervene in case 7:21-cv-07532-CM; granting (31) Motion to Intervene; granting (33) Motion to Intervene in case 7:21-cv-07585-CM; granting (39) Motion to Intervene; granting (41) Motion to Intervene i n case 7:21-cv-07961-CM; granting (37) Motion to Intervene; granting (39) Motion to Intervene in case 7:21-cv-07962-CM; granting (41) Motion to Intervene; granting (43) Motion to Intervene in case 7:21-cv-07966-CM; granting (40) Motion to Interv ene; granting (42) Motion to Intervene in case 7:21-cv-07969-CM; granting (33) Motion to Intervene; granting (35) Motion to Intervene in case 7:21-cv-08034-CM; granting (32) Motion to Intervene; granting (34) Motion to Intervene in case 7:21-cv- 08042-CM; granting (33) Motion to Intervene; granting (35) Motion to Intervene in case 7:21-cv-08049-CM; granting (36) Motion to Intervene; granting (38) Motion to Intervene in case 7:21-cv-08055-CM; granting (30) Motion to Intervene; granting ( 32) Motion to Intervene in case 7:21-cv-08139-CM; granting (15) Motion to Intervene; granting (17) Motion to Intervene in case 7:21-cv-08258-UA; granting (27) Motion to Intervene; granting (29) Motion to Intervene in case 7:21-cv-08271-CM. After reviewing the motions and the accompanying submissions, it seems clear that both the Multi-State Governmental Entities Group and the Ad Hoc Group of Individual Victims of Purdue Pharma L.P., et al. argued the issues that are being contested on appea l before the Bankruptcy Court. Their intervention motions are, therefore, granted, as I said they would be at the conference, and they shall henceforth be deemed Appellees in all the pending appeals. The Ad Hoc Committee of NAS Children admits that i t did not argue the contested issuesbelow, so its motion for leave to intervene as appellee is denied. The Clerk is directed to close the motions at Dockets 44, 46 and 48 in the Master Case at 21-cv-7532. BY ECF TO ALL PARTIES (Signed by Judge Colleen McMahon on 10/14/2021) Filed In Associated Cases: 7:21-cv-07532-CM et al. (jca)

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USDCSDNY

DOCUMENT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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In re: PURDUE PHARMA
BANKRUPTCY APPEALS

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This Fi ling Relates to

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ALL MATTERS

ELECTRONICALLY FILED
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~=DATEFILED: 10 t<l \:)nrl
21 cv 7532 (CM) [Master Case]
[rel: 21 cv 7585 (CM)
21 CV 7961 (CM)
21 CV 7962 (CM)
21 CV 7966 (CM)
21 CV 7969 (CM)
21 CV 8034 (CM)
21 CV 8042 (CM)
21 CV 8049 (CM)
21 CV 8055 (CM)
21 CV 8139 (CM)
21 CV 8258 (CM)
21 CV 8271 (CM)]

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ORDER ON THE PENDING MOTIONS TO INTERVENE BY THE AD HOC
COMMITTEE OF NAS CHILDREN, THE MULTI-STATE GOVERNMENT ENTITIES
GROUP, AND THE AD HOC GROUP OF INDIVIDUAL VICTIMS OF PURDUE
PHARMA L.P., ET AL
McMahon, J.:
As anticipated following Tuesday's scheduling conference, the court has received three
Motions for leave to Intervene as Appellees Pursuant to Rule 80 l 3(g) of the Federal Rules of
Bankruptcy Procedure. The motions were filed by the Ad Hoc Committee of NAS Children, the
Multi-State Governmental Entities Group, and the Ad Hoc Group oflndividual Victims of Purdue
Pharma L.P ., et al. (Dkt. Nos. 44 , 46, 48) . All three movants were present, either in person or by
telephone, at Tuesday's conference.
After reviewing the motions and the accompanying submissions, it seems clear that both
the Multi-State Governmental Entities Group and the Ad Hoc Group of Individual Victims of
Purdue Pharma L.P. , et al. argued the issues that are being contested on appeal before the
Bankruptcy Court. Their intervention motions are, therefore, granted, as I said they would be at
the conference, and they shall henceforth be deemed Appellees in all the pending appeals.
The Ad Hoc Committee of NAS Children admits that it did not argue the contested issues
below, so its motion for leave to intervene as appellee is denied. However, as I said at Tuesday ' s
conference, there are a number of entities that, while not technically eligible for appellee status,

have participated actively in the proceedings in the Bankruptcy Court, and their voices should be
heard on this appeal. The Ad Hoc Committee of NAS Children is perhaps foremost among those
persons and entities. I am, therefore, granting the Ad Hoc Committee permission to file a brief
amicus curiae. It is not necessary for the Committee to make a second, formal motion for amicus
status with an attached brief; the Committee should simply file its amicus brief on the same date
that appellees ' brief is due.
Even as we add parties to this appeal (whatever we call them), the limited number of issues
that need to be decided remains the same. While many parties are interested in the outcome, the
arguments the court must consider do not need to be restated and restated and restated for me to
get the point. I am also conscious of the fact that the Estate is being taxed with the cost of
participation by multiple parties, and while this is but a drop in a very big bucket, I would like to
minimize that burden. Given our tight time constraints, I don't expect that there will be a lot of
time for consultation between Debtors and the appellees and amici before their briefs are filed; but
to the extent that they can coordinate - perhaps in advance of receiving Appellants' briefs -- so
that I don ' t have to read the same argument over and over again, I would be grateful. It strikes me
that the Non-Debtor Appellees and amici who favor confirmation of the Plan have something
unique to say about the court' s evaluation of the so-called Metromedia factors , so it might behoove
them to emphasize that aspect of the case in their briefs.
The Clerk is directed to close the motions at Dockets 44, 46 and 48 in the Master Case at
21-cv-7532.
Dated: October 14, 2021

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U.S.D.J.
BY ECF TO ALL PARTIES