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

Filing 5169

PRETRIAL ORDER NO. 9398 THAT THE COURT HEREBY APPROVES THE REIMBURSEMENT OF $38,296.66 IN LITIGATION EXPENSES INCURRED BY LEVIN-FISHBEIN, INCLUDING AMOUNTS PREVIOUSLY APPROVED BY THE COURT OR ADVANCED PURSUANT TO ORDER OF THE COURT, TO BE PAID, REIMBURSED AND/OR ALLOCATED AS OUTLINED HEREIN. THE COURT HEREBY AWARDS LEVIN-FISHBEIN AN ATTORNEYS' FEE IN THE AGGREGATE AMOUNT OF $1,152,662.50 FOR WORK PERFORMED BY LEVIN-FISHBEIN DURING THE PERIOD FROM 1/1/2014 TO 12/31/2014; ETC.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/3/2015. 3/3/2015 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110475 IN 11-MD-1203) (ems)

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
NO. 99-20593

PRETRIAL ORDER NO.

AND NOW, this j~day of March,

2015, upon

consideration of the Petition for an Award of Attorneys' Fees
and Expense Reimbursements Relating to Common Benefit Work
Performed from January 1, 2014 through December 31, 2014, and
for the reasons set forth in the accompanying Memorandum, it is
hereby ORDERED that:
1.

As used herein,

"Levin-Fishbein" means Levin,

Fishbein, Sedran & Berman.
2.

The court hereby approves the reimbursement of

$38,296.66 in litigation expenses incurred by Levin-Fishbein,
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.

b.

Within twenty days from the date of this
Order, the AHP Settlement Trust ("Trust")
shall transfer the amount of $14,663.33 to
the Escrow Agent for the MDL 1203 Fee and
Cost Account to reimburse that account for
expense reimbursements previously paid from
that Account that should ultimately be paid
by the Settlement Fund under Sections
III.B.2, III.C.3 and VIII.E.1 of the
Settlement Agreement;

c.

Within twenty days from the date of this
Order, the Trust shall pay from the
Settlement Fund the amount of $4,485 to
Levin-Fishbein to reimburse Levin-Fishbein
for previously unreimbursed litigation
expenses; and

d.

2.

Prior expense reimbursements in the amount
of $14,663.33 shall be attributed to the MDL
1203 Fee and Cost Account as having been
properly and finally allocated to that
Account for payment;

Within twenty days from the date of this
order, the Escrow Agent for the MDL 1203 Fee
and Cost Account shall pay from the MDL 1203
Fee and Cost Account the amount of $4,485
to Levin-Fishbein to reimburse LevinFishbein for previously unreimbursed
litigation expenses.

In addition to the amounts previously awarded in

Pretrial Order Nos. 7763A, 8516, 8646, 8869, 9102, and 9294, the
court hereby awards Levin-Fishbein an attorneys' fee in the
aggregate amount of $1,152,662.50 for work performed by LevinFishbein during the period from January 1, 2014 to December 31,
2014.

This fee award is to be paid by the Trust in accordance

with the terms of the Stipulation Between Wyeth and Class

-2-

Counsel with Regard to the Funding of Future Awards of ClassRelated Fees previously approved by this court.
3.

No earlier than twenty days after the date of this

Order and as soon thereafter as is commercially reasonable, the
Trust shall disburse the payments set forth in paragraph 2 of
this Order.

The Trust 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.
4.

In addition to the amounts previously awarded in

Pretrial Order Nos. 7763A, 8516, 8646, 8869, 9102, and 9294,
the court hereby awards Levin-Fishbein an attorneys' fee in the
aggregate amount of $1,152,662.50 to be paid from funds on
deposit in the MDL 1203 Fee and Cost Account to compensate
Levin-Fishbein for services of benefit to the plaintiffs in MDL
1203 and the coordinated state-court litigation performed by
Levin-Fishbein during the period from January 1, 2014 through
December 31, 2014.
5.

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 4 of this Order.

Mr. Miller shall make

such payment by check and shall deliver such check to the payee
-3-

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:

-4-