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

Filing 5307

PRETRIAL ORDER NO. 9490 THAT AS USED HEREIN, "LEVIN" MEANS LEVIN SEDRAN AND BERMAN. THE COURT HEREBY APPROVES THE REIBURSEMENT OF $18,519.58 IN LITIGATION EXPENSES INCURRED BY LEVIN, INCLUDING AMOUNTS PREVIOUSLY APPROVED BY THE COURT O R ADVANCED PURSUANT TO ORDER OF THE COURT, TO BE PAID, REIMBURSED AND/OR ALLOCATED AS OUTLINED HEREIN. IN ADDITION TO THE AMOUNTS PREVIOUSLY AWARDED IN PRETRIAL ORDER NOS. 7763A, 8516, 8646, 8869, 9102, 9294, 9398, AND 9465 THE COURT HEREBY AWARDS LE VIN AN ATTORNEYS' FEE IN THE AGGREGATE AMOUNT OF $539,575 FOR CLASS ACTION WORK PERFORMED BY LEVIN DURING THE PERIOD FROM JANUARY 1, 2016 TO DECEMBER 31, 2016; ETC. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/30/2017. 6/30/2017 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110592 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 3otl_day of June, 2017, upon
consideration of the Petition for an Award of Attorneys' Fees
and Expense Reimbursements Relating to Common Benefit Work
Performed from January 1, 2016 through December 31, 2016, and
for the reasons set forth in the accompanying Memorandum, it is
hereby ORDERED that:
1.

As used herein,

"Levin" means Levin Sedran

2.

The court hereby approves the reimbursement of

& Berman.

$18,519.58 in litigation expenses incurred by Levin, 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 thirty days from the date of this
Order, the AHP Settlement Trust ("Trust")
shall transfer the amount of $7,274.31 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.l of the
Settlement Agreement;

c.

Within thirty days from the date of this
Order, the Trust shall pay from the
Settlement Fund the amount of $1,985.48 to
Levin to reimburse Levin for previously
unreimbursed litigation expenses; and

d.

2.

Prior expense reimbursements in the amount
of $7,274.30 shall be attributed to the
MDL 1203 Fee and Cost Account as having been
properly and finally allocated to that
Account for payment;

Within thirty 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 $1,985.49
to Levin to reimburse Levin for previously
unreimbursed litigation expenses.

In addition to the amounts previously awarded in

Pretrial Order Nos. 7763A, 8516, 8646, 8869, 9102, 9294, 9398,
and 9465 the court hereby awards Levin an attorneys' fee in the
aggregate amount of $539,575 for class action work performed by
Levin during the period from January 1, 2016 to December 31,
2016.

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

with the terms of the "Stipulation between Wyeth and Class
Counsel with Regard to the Funding of Future Awards of
Class-related fees," approved by this court in PTO No. 9297.
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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, 9294, 9398,
and 9465 the court hereby awards Levin an attorneys' fee in the
aggregate amount of $61,825 to be paid from funds on deposit in
the MDL 1203 Fee and Cost Account to compensate Levin for
services of benefit to the plaintiffs in MDL 1203 and the
coordinated state-court litigation performed by Levin during the
period from January 1, 2016 through December 31, 2016.
5.

No earlier than twenty days from the date of this

Order and as soon thereafter as is reasonably practicable,
Heather C. Giordanella, 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.

Ms.

Giordanella 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.
order to make this payment Ms. Giordanella may transfer funds
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In

from the MDL 1203 Fee and Cost Account to a disbursement account
at an appropriate financial institution.
BY THE COURT:

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