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

Filing 5365

PRETRIAL ORDER NO. 9514 THAT AS USED HEREIN "LEVIN" MEANS LEVIN SEDRAN & BERMAN. THE COURT HEREBY APPROVES THE REIMBURSEMENT OF $6,754.10 IN LITIGATION EXPENSES INCURRED BY LEVIN AS OUTLINED HEREIN. IN ADDITION TO THE AMOUNTS PREVIOUSL Y AWARDED, THE COURT HEREBY AWARDS LEVIN AN ATTORNEYS' FEE IN THE AGGREGATE AMOUNT OF $233,057.12, 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. NO EARLIER THAN 20 DAYS AFTER THE DATE OF THIS ORDER, THE TRUST SHALL DISBURSE THE PAYMENTS SET FORTH IN PARAGRAPH 2 OF THIS ORDER. IN ADDITION, THE COURT HEREBY AWARDS LEVIN AN ATTORNEYS' FEE IN THE AMOUNT OF $ ;28,562.50 TO BE PAID FROM FUNDS ON DEPOSIT IN THE MDL 1203 FEE AND COST ACCOUNT. NO EARLIER THAN 20 DAYS AFTER THE DATE OF THIS ORDER, HEATHER C. GIORDANELLA, ESQ. SHALL DISBURSE FROM SAID ACCOUNT THE PAYMENT SET FORTH IN PARAGRAPH 5 OF THIS ORDER AS OUTLINED HEREIN.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/29/2019. 5/30/2019 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE DOCKET NO. 110624 IN 11-MD-1203)(kp, )

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:

FILED

SHEILA BROWN, et al.

MAY 29 20t9
KATE BARKMAN, Cfork
By_
.Dup. Clerk

V.

AMERICAN HOME PRODUCTS
CORPORATION
NO. 99-20593

PRETRIAL ORDER NO.

AND NOW, this ~~day of May, 2019, upon consideration
of the Petition for an Award of Attorneys' Fees and Expense
Reimbursements Relating to Common Benefit Work Performed from
January 1, 2018 through December 31, 2018, and for the reasons
set forth in the accompanying Memorandum, it is hereby ORDERED
that:
1.

2.

&

As used herein,

"Levin" means Levin Sedran

The court hereby approves the reimbursement of

Berman.

$6,754.10 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 $3,133.39 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 thirty days from the date of this
Order, the Trust shall pay from the
Settlement Fund the amount of $243.66 to
Levin to reimburse Levin for previously
unreimbursed litigation expenses; and

d.

3.

Prior expense reimbursements in the amount
of $6,266.78 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 $243.66
to Levin to reimburse Levin for previously
unreimbursed litigation expenses.

In addition to the amounts previously awarded in

Pretrial Order Nos. 2262, 2859, 7763A, 8516, 8646, 8869, 9102,
9294, 9398, 9465, 9490, and 9502, the court hereby awards Levin
an attorneys' fee in the aggregate amount of $233,057.12 for
class action work performed by Levin during the period from
January 1, 2018 to December 31, 2018.

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
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Funding of Future Awards of Class-related fees," approved by
this court in PTO No. 9297.
4.

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.
5.

In addition to the amounts previously awarded in

Pretrial Order Nos. 2262, 2859, 7763A, 8516, 8646, 8869, 9102,
9294, 9398, 9465, 9490, and 9502, the court hereby awards Levin
an attorneys' fee in the aggregate amount of $28,562.50 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, 2018 through December
31, 2018.
6.

No earlier than twenty days from the date of this

Order and as soon thereafter as is reasonably practicable,
Heather C. G1ordanella, Esquire, as Escrow Agent for the
MDL 1203 Fee and Cost Account, shall disburse from said Account
the payment set forth in Paragraph 5 of this Order.

Ms.

Giordanella shall make such payment by check and shall deliver
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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 Ms. Giordanella may transfer funds
from the MDL 1203 Fee and Cost Account to a disbursement account
at an appropriate financial institution.

BY THE COURT:

J.

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