LATVALA et al v. TEVA PHARMACEUTICALS USA, INC. et al

Filing 5

ORDER THAT THE PUBLISHED NOTICE DIRECTED TO THE PLAINTIFF CLASS BY ORDER OF THIS COURT DATED 2/1/2012 SATISFIES F.R.C.P. 23(e), ETC.; PLAINTIFFS ANDREW RICHARDS AND MICKI SACKLER ARE CERTIFIED AS THE REPRESENTATIVE OF THE PLAINTIFF CLASS AS DEFINED A BOVE; ALLAN KANNAR IS DESIGNATED AS LEAD COUNSEL FOR THE PLAINTIFF CLASS AND RICHARD GOLOMB IS DESIGNATED AS LIAISON COUNSEL FOR THE CLASS, AND RUBEN HONIK, CONLEE WHITELEY, AND GILLIAN WADE ARE DESIGNATED AS ADDITIONAL CLASS COUNSEL; THE SETTLEMENT AS DESCRIBED IN THE AGREEMENT DATED 1/6/2012 IS APPROVED AS FAIR, ADEQUATE AND REASONABLE, ETC.; THIS ACTION ALONG WITH THE UNDERLYING ACTIONS ARE DISMISSED IN THEIR ENTIRETY WITH PREJUDICE AND WITHOUT COSTS, ETC. SIGNED BY HONORABLE BERLE M. SCHILLER ON 7/2/2012; 7/3/2012 ENTERED AND COPIES MAILED AND E-MAILED. (SEE PAPER # 198 IN 09-MD-2107). (tjd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
___________________________________
:
IN RE: BUDEPRION XL
:
MDL No. 2107
MARKETING & SALES LITIGATION :
___________________________________ :
:
THIS DOCUMENT APPLIES TO:
:
09-md-2107
ALL ACTIONS
:
___________________________________ :
ORDER
AND NOW, this 2nd day of July, 2012, upon consideration of the Parties’ Joint Petition to
Make Final the Preliminary Approval of the Settlement between Defendants Impax Laboratories, Inc.
(“Impax”) and Teva Pharmaceuticals USA, Inc. (“Teva”) and the Plaintiff Class, IT IS HEREBY
ORDERED that:
1.

The published notice directed to the Plaintiff Class by the Order of this Court dated
February 1, 2012 satisfies Federal Rule of Civil Procedure 23(e). The notice advised
the Plaintiff Class of the pendency of the class action and the proposed settlement
and afforded class members the opportunity to challenge the propriety of the
settlement proposal.

2.

The Plaintiff Class, defined as follows, is hereby certified under Federal Rule of Civil
Procedure 23(b)(2):
All individuals in the United States who, from 2006 to the
present, purchased and/or paid-for (in whole or in part), for
personal use and not for resale, bupropion hydrochloride XL (150
mg) and/or Budeprion XL (300-mg) manufactured by Impax.
Excluded from the class are Defendants, any parent, subsidiary or
affiliate of Defendants, and their officers, directors, and
employees, who are or have been employed by Defendants, and
any judicial officer who may preside over this action.

3.

Plaintiffs Andrew Richards and Micki Sackler are certified as the representative of
the Plaintiff Class as defined above.

4.

Allan Kanner of Kanner & Whiteley, L.L.C. is designated as lead counsel for the
Plaintiff Class, and Richard Golomb of Golomb & Honik, P.A. is designated as
liaison counsel for the Class. Ruben Honik, Conlee Whiteley, and Gillian Wade are
designated as additional Class counsel.

5.

The objections to the Class Settlement and the award of Attorneys’ Fees, Costs, and
Service awards have been considered and are hereby rejected.

6.

The Settlement as described in the Settlement Agreement dated January 6, 2012 is
approved as fair, adequate, and reasonable, and the Parties are directed to carry out
their respective obligations under the Settlement Agreement in accordance with their
negotiated terms and conditions.

7.

This action, along with all underlying actions (collectively “the MDL Actions”)1, is
dismissed in its entirety on the merits, with prejudice and without costs. The
members of the Plaintiff Class are deemed to have released and are hereby barred and
permanently enjoined from prosecuting against Impax, Teva, their respective current

1

The underlying actions consolidated in MDL No. 2107 are the following: Anderson v.
Teva Pharm. Indus. Ltd., Civ. A. No. 09-1200 (N.D. Tex. 2009); Henchenski v. Teva Pharm.
Indus. Ltd., Civ. A. No. 09-470 (M.D. Fla. 2009); Jordan v. Teva Pharm. Indus. Ltd., Civ. A. No.
09-805 (S.D. AL 2009); Kelly v. Teva Pharm. Indus. Ltd., Civ. A. No. 09-5348 (C.D. Cal.
2009); Latvala v. Teva Pharm. USA, Inc., Civ. A. No.09-795 (S.D. Ohio 2009); Leighty v. Teva
Pharm. Indus. Ltd., 09-1640 (W.D. Wash. 2009); Morgan v. Teva Pharm. Indus.,
Ltd., Civ. A. No. 09-4409 (E.D. La. 2009); Rosenfeld v. Teva Pharm. USA, Inc., Civ. A. No. 092811(E.D. Pa. 2009); Tims v. Teva Pharm. Indus. Ltd., Civ. A. No. 09-649 (N.D. Okla.
2009); and Weber v. Teva Pharm. Indus., Ltd., 09-113 (E.D.N.C. 2009).
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and former parents, subsidiaries, affiliates, officers, directors, employees, agents,
representatives, successors, and assigns any and all statutory or common-law claims
for equitable or injunctive relief that have been or could have been brought in the
MDL Actions, including but not limited to any claim for restitution asserted in the
Consolidated Administrative Class Action Complaint or any other statutory or
common law claim for restitution related to their use of bupropion hydrochloride XL
products manufactured by Impax. For avoidance of doubt, this release and bar shall
not apply to any claims for personal injury.
8.

All requests for relief in connection with the MDL Actions made on behalf of the
individual plaintiffs named therein and not expressly granted in this Judgment are
hereby denied with prejudice. Each party shall bear its own costs.
BY THE COURT:

Berle M. Schiller, J.

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