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

Filing 4469

PRETRIAL ORDER NO. 8869 RE: THE JOINT PETITION FOR AN AWARD OF ATTORNEYS' FEES AND EXPENSE REIMBURSEMENTS RELATING TO COMMON BENEFIT WORK PERFORMED FROM JANUARY 1, 2011 THROUGH DECEMBER 31, 2011, THE COURT APPROVES THE REIMBURSEMENT OF $89,123.93 IN LITIGATION EXPENSES INCURRED BY THE CURRENT JOINT FEE APPLICANTS AS OUTLINED HEREIN, ETC.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/11/2012; 5/14/2012 ENTERED AND COPIES MAILED AND E-MAILED. (SEE PAPER # 109682 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 CORP.

NO. 99-20593

PRETRIAL ORDER

AND NOW, this

I I ~day

of May, 2012, upon

consideration of the Joint Petition for an Award of Attorneys'
Fees and Expense Reimbursements Relating to Common Benefit Work
Performed from January 1, 2011 through December 31, 2011 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} Cummings, Cummings & Dudenheferi

Sedran & Berman; and {c} Roda Nast, P.C.

(b) Levin, Fishbein,

The "Current

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

The court hereby approves the reimbursement of

$89,123.93 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
$39,306.69 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 (UTrustll)
shall transfer the amount of $39,306.69 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

$2,122.12

$2,122.12

Roda Nast, P.C.

$3,133.15

$3,133.15

3.

In addition to the amounts previously awarded in

Pretrial Order Nos. 2622, 7763A, 8516, and 8646 the court hereby
awards the Current Joint Fee Applicants an attorneys' fee in the
aggregate amount of $1,839,086.25 to be paid from funds on
deposit in the Fund A Escrow Account to compensate the Current

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Joint Fee Applicants for class-related work performed by them
during the period from January 1, 2011 through December 31, 2011.
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

Cummings, Cummings &
Dudenhefer
Levin, Fishbein, Sedran &
Berman

9.0656%
90.739%

Roda Nast, P.C.
5.

0.1953%

Payment Amount
$

166,725.00

$1,668,768.75
$

3,592.50

No earlier than twenty days after the date of this

Order and as soon thereafter as is commercially reasonable, PNC
Bank (npNcn), 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 payees.
6.

In addition to the amounts previously awarded in

Pretrial Order Nos. 2622, 7763A, 8516, and 8646 the court hereby
awards the Current Plaintiffs' Liaison Counsel Fee Applicant an
attorneys' fee in the aggregate amount of $1,668,768.75 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
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plaintiffs in MDL 1203 and the coordinated state court litigation
performed by them during the period from January I, 2011 through
December 31, 2011.
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 payment by check, and shall deliver such check to the payee
by overnight courier in a manner that generates a written
acknowledgment of receipt by the payee.

In order to make this

payment, Mr. Miller may transfer funds from the MDL 1203 Fee and
Cost Account to a disbursement account at an appropriate
financial institution.
BY THE COURT:

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J.

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