BROWN, et al v. AMERICAN HOME PROD, et al

Filing 4235

PRETRIAL ORDER NO. 8646 RE: THE JOINT PETITION FOR AN AWAARD OF ATTORNEYS' FEES AND EXPENSE REIMBURSEMENTS RELATING TO COMMON BENEFIT WORK PERFORMED FROM JANURY 1, 2010 THROUGH DECEMBER 31, 2010 THAT THE COURT HEREBY APPROVES THE REIMBURSEMENT O F $160,290.88 IN LITIGATION EXPENSES INCURRED BY THE CURRENT JOINT FEE APPLICANTS AS OUTLINED HEREIN, ETC.; NO EARLIER THAN 20 DAYS FROM THE DATE OF THIS ORDER THE ESCROW AGENT FOR THE MDL 1203 FEE AND COST ACCOUNT SHALL DISBURSE FROM SAID ACCOU NT THE PAYMENT SET FORTH IN PARAGRAPH 6 OF THIS ORDER, ETC.; WITHIN 5 DAYS FROM THE DATE OF THIS ORDER PNC, AS THE ESCROW AGENT FOR THE FUND A ESCROW ACCOUNT AND THE FUND B ATTORNEYS' FEES ACCOUNT SHALL TRANSFER THE ENTIRE AMOUNT ON DEPOSIT IN THE FUND B ATTORNEYS' FEES ACCOUNT INTO THE FUND A ESCROW ACCOUNT. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/2/2011; 6/2/2011 ENTERED AND COPIES MAILED AND E-MAILED. (SEE PAPER # 109433 IN 11-MD-1203). (tjd)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN RE: DIET DRUGS
(PHENTERMINE, FENFLURAMINE,
DEXFENFLURAMINE) PRODUCTS
LIABILITY LITIGATION

MDL NO. 1203

THIS DOCUMENT RELATES TO:
SHEILA BROWN, et al.
v.
AMERICAN HOME PRODUCTS
CORPORATION
CIVIL ACTION NO. 99-20593
PRETRIAL ORDER

No.8" 4"

AND NOW, this ~~day of June, 2011, upon consideration
of the Joint Petition for an Award of Attorneys' Fees and Expense
Reimbursements Relating to Common Benefit Work Performed from
January 1, 2010 through December 31, 2010 and for the reasons set
forth in the accompanying Memorandum, it is hereby ORDERED that:
1.
means:

As used herein, the "Current Joint Fee Applicants"

(a) Anapol, Schwartz, Weiss, Cohan, Feldman and Smalley,

P.C.; (b) Cummings, Cummings & Dudenheferi
Sedran & Bermani and (d) Roda Nast, P.C.

(c) Levin, Fishbein,
The "Current

Plaintiffs' Liaison Counsel Fee Applicant" means Levin, Fishbein,
Sedran & Berman.
2.

The court hereby approves the reimbursement of

$160,290.88 in litigation expenses incurred by the Current Joint
Fee Applicants, including amounts previously approved by the

court or advanced pursuant to order of the court, to be paid,
reimbursed and/or allocated as follows:
a.

Prior expense reimbursements in the amount of
$75,447.96 shall be attributed to the MDL 1203
Fee and Cost Account as having been properly
and finally allocated to that Account for
payment;

b.

Within twenty days from the date of this
Order, the AHP Settlement Trust (IiTrustll)
shall transfer the amount of $75,447.96 to
the Escrow Agent for the MDL 1203 Fee and
Cost Account to reimburse that account for
expense reimbursements previously paid from
that Account which should ultimately be paid
by the Settlement Fund under Sections
III.B.2, III.C.3 and VIII.E.1 of the
Settlement Agreement; and

c.

Within twenty days from the date of this
Order, the Trust shall pay the following
amounts from the Settlement Fund and the
Escrow Agent for the MDL 1203 Fee and Cost
Account shall pay the following amounts from
the MDL 1203 Fee and Cost Account to the
following Current Joint Fee Applicants to
reimburse them for previously unreimbursed
litigation expenses incurred and paid by
them:

Joint Fee Applicant

Amount to be Paid by
the Trust

Amount to be Paid
by the MDL 1203
Fee and Cost
Account

Levin, Fishbein,
Sedran & Berman

$2399.76

$2399.76

Roda Nast, P.C.

$2297.73

$2297.73

3.

In addition to the amounts previously awarded in

Pretrial Order Nos. 2622, 7763A, and 8516, the court hereby
awards the Current Joint Fee Applicants an attorneys' fee in the

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aggregate amount of $3,069,827.25 to be paid from funds on
deposit in the Fund A Escrow Account to compensate the Current
Joint Fee Applicants for class-related work performed by them
during the period from January 1, 2010 through December 31, 2010.
4.

The aggregate award of fees from the Fund A Escrow

Account as set forth in the preceding paragraph of this Order
shall be allocated among and distributed and paid to the
following law firms/attorneys in the following amounts:
Current Joint Fee Applicant

Allocable
Percentage

Payment Amount

Anapol, Schwartz, Weiss,
Cohan, Feldman and Smalley,
P.C.

0.0326%

Cummings, Cummings
Dudenhefer

5.8513%

$179,625.00

75.6298%

$2,321,706.25

18.4863%

$567,496.00

&

Levin, Fishbein, Sedran
Berman
Roda Nast, P.C.
5.

&

$1,000.00

No earlier than twenty days after the date of this

Order and as soon thereafter as is commercially reasonable, PNC
Bank (IIPNCII), as Escrow Agent for the Fund A Escrow Account,
shall disburse from the Fund A Escrow Account the payments set
forth in paragraph 4 of this Order.

PNC shall make such payments

by check, and shall deliver such checks to the payees by
overnight courier in a manner that generates a written
acknowledgment of receipt by the payee.
6.

In addition to the amounts previously awarded in

Pretrial Order Nos. 2622, 7763A, and 8516, the court hereby
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awards the Current PLC Fee Applicant an attorneys' fee in the
aggregate amount of $2,321,706.25 to be paid from funds on
deposit in the MDL 1203 Fee and Cost Account to compensate such
attorneys for services of benefit to the plaintiffs in MDL 1203
and the coordinated state court litigation performed by them
during the period from January 1, 2010 through December 31, 2010.
7.

No earlier than twenty days from the date of this

Order and as soon thereafter as is reasonably practicable,
Gregory P. Miller, Esquire, as Escrow Agent for the MDL 1203 Fee
and Cost Account, shall disburse from said Account the payment
set forth in paragraph 6 of this Order.

Mr. Miller shall make

such payments by check, and shall deliver such checks to the
payees by overnight courier in a manner that generates a written
acknowledgment of receipt by the payee.

In order to make these

payments, Mr. Miller may transfer funds from the MDL 1203 Fee and
Cost Account to a disbursement account at an appropriate
financial institution.
8.

Within five days from the date of this order, PNC,

as the Escrow Agent for the Fund A Escrow Account and the Fund B
Attorneys' Fees Account, shall transfer the entire amount on
deposit in the Fund B Attorneys' Fees Account into the Fund A
Escrow Account.
BY THE COURT:

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