BROWN, et al v. AMERICAN HOME PROD, et al
PRETRIAL ORDER NO. 8822 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL III CLAIMS SUBMITTED BY CLAIMANT ROBERTA HABERMAN AND HER SPOUSE SAM HABERMAN ARE DENIED, THEY ARE ENTITLED ONLY TO M ATRIX B, LEVEL III BENEFITS; THE MOTION OF ROBERTA HABERMAN TO FILE A REPLY IN SUPPORT OF HER MOTION TO COMPEL AND TO ENFORCE IS DENIED AS MOOT; THE MOTION OF ROBERTA HABERMAN TO FILE AN AMENDED SUPPLEMENTAL REPLY IN SUPPORT OF HER MOTION TO COMPEL A ND TO ENFORCE IS GRANTED AND THE CLERK IS DIRECTED TO DOCKET HER REPLY; THE MOTION OF ROBERTA HABERMAN TO COMPEL AND TO ENFORCE IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/22/2012; 2/23/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109630 IN 11-MD-1203). (tjd)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE: DIET DRUGS (PHENTERMINE/
PRODUCTS LIABILITY LITIGATION
THIS DOCUMENT RELATES TO:
SHEILA BROWN I et al.
AMERICAN HOME PRODUCTS
PRETRIAL ORDER NO.
AND NOW, this
MDL NO. 1203
CIVIL ACTION NO. 99-20593
2:16 MD 1203
a~day of February,
2012, for the
reasons set forth in the accompanying Memorandum, it is hereby
the final post-audit determination of the AHP
Settlement Trust is AFFIRMED and that the Matrix AI Level III
claims submitted by claimant Roberta Haberman and her spouse I Sam
Haberman, are DENIED.
Claimant Roberta Haberman and her spouse,
Sam Haberman, are entitled only to Matrix B, Level III benefits;
the motion of Roberta Haberman to file a reply in
support of her motion to compel and to enforce (Docket No. 99
20593; Document No. 4230) is DENIED as moot;
the motion of Roberta Haberman to file an amended
supplemental reply in support of her motion to compel and to
enforce (Docket NO. 99-20593; Document No. 4257) is GRANTED and
the Clerk of Court is directed to docket her ReplYi and
the motion of Robert Haberman to compel and to
enforce (Docket No. 99-20593; Document No. 4228) is DENIED.
BY THE COURT:
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