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

Filing 4633

PRETRIAL ORDER NO. 8989 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE MATRIX A, LEVEL II CLAIM SUBMITTED BY NICHOLAS NAPORA IS DENIED; THE MOTION FOR RELIEF FROM THE 7TH AMENDMENT IS DENIED; THE MOTION FOR 7T H AMENDMENT MONTHLY REPORTS AND INFORMATION ON HOW ACTUAL CLAIMS ARE BEING REVIEWED IS DENIED; THE MOTION FOR DISCLOSURE OF ALL AUDITOR PASS RATES IS DENIED; THE MOTION OF WYETH FOR AN EXTENSION OF TIME TO REPLY TO THE MOTION FOR DISCLOSURE OF ALL AU DITOR PASS RATES IS GRANTED; THE MOTION TO CEASE ALL ACTIVITY AT THE TRUST, ETC. IS DENIED; THE MOTION FOR AN ORDER DIRECTING THE TRUST TO TURN OVER EVIDENCE, CONCLUSIONS, EXPERT OPINIONS, AND LAWYER CONVERSATIONS THAT FACTORED INTO HIS FINAL POST-AU DIT DETERMINATION IS DENIED; THE MOTION FOR RELIEF FROM THE 7TH AMENDMENT IS DENIED; THE MOTION FOR LEAVE TO FILE A REBUTTAL TO THE OPINION OF THE AUDITOR IS DENIED; THE MOTION FOR RELIEF AND RELEASE OF FUNDS FROM THE 7TH AMENDMENT IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/8/2013; 1/8/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109850 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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THIS DOCUMENT RELATES TO:
SHEILA BROWN, et al.

v.
AMERICAN HOME PRODUCTS
CORPORATION

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MDL NO. 1203

CIVIL ACTION NO. 99-20593

PRETRIAL ORDER

AND NOW, this ~Ulday of January, 2013, for the reasons
set forth in the accompanying Memorandum, it is hereby ORDERED as
follows that:
(1)

the final post-audit determination of the AHP

Settlement Trust is AFFIRMED and that the Matrix A, Level II
claim submitted by claimant Nicholas Napora is DENIED;
(2)

the motion for relief from the Seventh Amendment

(Docket No. 2:12-md-1203, Doc. No. 208581) is DENIED;
(3)

the motion for Seventh Amendment monthly reports

and information on how actual claims are being reviewed (Docket
No. 2:12-md-1203, Doc. No. 208586) is DENIED;
(4)

the motion for disclosure of all auditor pass

rates (Docket No. 2:12-md-1203, Doc. No. 208614) is DENIED;
(5)

the motion of Wyeth for an extension of time to

reply to the motion for disclosure of all auditor pass rates
(Docket No. 2:12-md-1203, Doc. No. 208634) is GRANTED;

(6)

the motion to cease all activity at the Trust and

for a full investigation into the Trust's auditing cardiologists,
and appointment of a special investigator to investigate claims
of intentional material misrepresentation (Docket No. 2:12-md1203, Doc. No. 208711) is DENIED;
(7)

the motion for an order directing the Trust to

turn over evidence, conclusions, expert opinions, and lawyer
conversations that factored into his final post-audit
determination (Docket No. 2:12-md-1203, Doc. No. 208754) is
DENIED;
(8)

the motion for relief from the Seventh Amendment

(Docket No. 2:12-md-1203, Doc. No. 208757) is DENIED;
(9)

the motion for leave to file a rebuttal to the

opinion of the auditor (Docket No. 2:12-md-1203, Doc. No. 209084)
is DENIED; and
(10)

the motion for relief and release of funds from

the Seventh Amendment (Docket No. 2:99-cv-20593, Doc. No. 4358;
Docket No. 2:12-md-1203, Doc. No. 209352) is DENIED.
BY THE COURT:
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