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

Filing 4563

PRETRIAL ORDER NO. 8950 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1 LEVEL V CLAIM SUBMITTED BY CLAIMANT ELLIOT J. PALAY IS DENIED; WYETH'S MOTION FOR LEAVE TO PARTICIPATE IN THE SHOW CA USE PROCEEDING AND TO LIMIT THE SCOPE OF THAT PROCEEDING IS DENIED AS MOOT; THE APPEAL TO THE DISTRICT COURT FROM THE TRUSTEES' AND/OR CLAIMS ADMINISTRATOR'S DETERMINATION OF BENEFITS IS DISMISSED AS MOOT. SIGNED BY HONORABLE HARVEY BARTLE, III ON 10/24/2012; 10/24/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109787 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

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MDL NO. 1203

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THIS DOCUMENT RELATES TO:

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SHEILA BROWN, et al.

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v.
AMERICAN HOME PRODUCTS
CORPORATION

CIVIL ACTION NO. 99-20593

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PRETRIAL ORDER NO.

aqso

AND NOW, on this ~4ti. day of October, 2 012, for the
reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that:
(1)

the final post-audit determination of the AHP

Settlement Trust is AFFIRMED and that the Matrix A-1 Level V
claim submitted by claimant Elliot J. Palay is DENIED;
(2)

the motion of Wyeth for leave to participate in

the show cause proceeding and to limit the scope of that
proceeding (Docket No. 2:99-cv-20593-HB; Entry No. 2774) is
DENIED as moot; and
(3)

the Appeal to District Court from the Trustees'

and/or Claims Administrator's Determination of Benefits (Docket
No. 2:15-md-01203-HB; Entry No. 386) is DISMISSED as moot.
BY THE COURT: