Opinion
No. MDL DOCKET NO. 1203, Civil Action No. 99-20593.
August 11, 2004
Arnold Levin, Esquire, Michael D. Fishbein, LEVIN, FISHBEIN, SEDRAN BERMAN, Philadelphia, PA, for Class Counsel.
Peter L. Zimroth, ARNOLD PORTER, New York, NY, for Counsel for Wyeth
Michael T. Scott, Paul B. Kerrigan, Miland M. Shah, REEDSMITH LLP, Philadelphia, PA, for Counsel for Wyeth.
Robert D. Rosenbaum, Daniel S. Pariser, ARNOLD PORTER, Washington, DC, for Counsel for Wyeth.
Ellen K. Reisman, ARNOLD PORTER, Los Angeles, CA, for Counsel for Wyeth.
Orran L. Brown, BROWNGREER PLC, Richmond, VA, for Counsel for Wyeth.
Wayne R. Spivey, SHRAGER, SPIVEY SACHS, Philadelphia, PA, for on Behalf of Salc.
Jerry Alexander, ALEXANDER ASSOCIATES, P.C., Omaha, NE, for on Behalf of Salc.
Tony Martinez, Esquire, MARTINEZ, BARRERA MARTINEZ, LLP, Brownsville, TX, for on Behalf of Salc.
Ellen A. Presby, BARON BUDD, PC, Dallas, TX, for on Behalf of Salc.
George Fleming, James L. Doyle, FLEMING ASSOCIATES, LLP, Houston, TX, for on Behalf of Salc.
PRETRIAL ORDER NO. ____ (Extension of Stay Relating to Matrix Level I and II Claims)
AND NOW, upon consideration of the Joint Motion to Extend Stay submitted by Class Counsel, Wyeth, and Counsel for certain individual Class Members, and pursuant to the Court's authority under Sections VI.C.5 and VI.E.8 of the Settlement Agreement, it is hereby ORDERED:
1. The stays imposed by Pretrial Order Nos. 3511, 3725, and 3747 are extended and shall continue through August 10, 2004.
2. If Class Counsel and Wyeth file with the Court on or before August 10, 2004, a final Seventh Amendment to the Settlement Agreement, along with all exhibits required by the Seventh Amendment and a motion and supporting memoranda seeking preliminary approval of the Seventh Amendment, the stay imposed by this Order shall be extended, without further order of the court, until the Court enters an order granting or denying such preliminary approval motion.
3. The Trust shall post notice of the Joint Motion to Extend Stay and of this Order on its official website.
4. The Plaintiff's Management Committee shall post notice of the Joint Motion to Extend Stay and of this Order on its Website.
JOINT MOTION TO EXTEND STAY
Class Counsel, Wyeth, and the counsel for individual Class Members who will comprise the Seventh Amendment Liaison Committee ("SALC") under the proposed Seventh Amendment to the Settlement Agreement (the "Movants"), jointly move for an Order extending the stay initially set forth in Pretrial Order No. 3511, and further extended in Pretrial Order No. 3747, through August 10, 2004, and thereafter until the Court determines whether to grant preliminary approval of the Seventh Amendment to the Settlement Agreement, according to the form of Order submitted along with this Joint Motion. The grounds in support of this Joint Motion are set forth in the accompanying Memorandum.Because of the urgency of the matters addressed in this Joint Motion and the significance of the requested relief to the completion of the proposed Seventh Amendment, the Movants ask that the Order sought in this Joint Motion be entered immediately upon its consideration by the Court. The Movants further ask that the Court direct that notice of this Joint Motion be provided to Class Members by posting it on the official website of MDL No. 1203 and of the Trust and by service upon the approved MDL Service List and upon the parties identified in the Supplemental Service List attached to this Joint Motion, with the Order to remain in place unless and until such time as any party affected by the Order shall establish good cause for vacating the Order in whole or part.
Respectfully submitted,
MEMORANDUM IN SUPPORT OF JOINT MOTION TO EXTEND STAY
Class Counsel, Wyeth, and the counsel for individual Class Members who will comprise the Seventh Amendment Liaison Committee ("SALC") under the proposed Seventh Amendment to the Settlement Agreement (the "Movants"), have moved jointly for an Order extending the stay initially set forth in Pretrial Order No. 3511, and further extended by Pretrial Order No. 3747, through August 10, 2004, and thereafter until the Court determines whether to grant preliminary approval of the Seventh Amendment, if the parties file the full Seventh Amendment by August 10, 2004.On May 4, 2004, Class Counsel, Wyeth, and SALC filed a Joint Motion seeking a stay of all processing, auditing, and payment of claims for benefits on Matrix Levels I and II and related proceedings in the AHP Settlement Trust's Claims Integrity Program. The purpose of the stay was to permit the parties to finalize the proposed Seventh Amendment to the Settlement Agreement.
On May 6, 2004, the Court signed Pretrial Order No. 3511, granting the stay sought by the Movants. As requested in that Joint Motion, given the immediate need for the relief requested, the Court entered the stay shortly following its consideration.
Under Pretrial Order No. 3511, the stay was to expire on July 9, 2004. However, on July 13, 2004, in Pretrial Order No. 3725, the Court extended the stay until July 21, 2004, permitting the negotiation and drafting of the Seventh Amendment to continue during the pendency of the stay.
On July 21, 2004, the Movants signed the Seventh Amendment agreement and placed that signed agreement in escrow with Special Master Gregory P. Miller, pending completion of the important documentation that will be attached as exhibits to the Seventh Amendment. On July 22, 2004, in Pretrial Order No. 3747, the Court extended the stay through August 4, 2004, permitting completion of those exhibits during the pendency of the stay, with the stay to continue if the Movants filed the entire Seventh Amendment and pleadings seeking its preliminary approval on August 4, 2004.
By August 4, 2004, the Movants had completed all of the exhibits to the Seventh Amendment, except for one exhibit that requires the signature of a non-moving law firm. The Movants continue to work diligently to attempt to secure that final signature and will know by Friday, August 6, 2004, if it will be obtained. The Movants placed the completed exhibits in escrow with Special Master Miller on August 4, 2004. Extending the stay through August 10, 2004, will permit the Movants to conclude the Seventh Amendment in an appropriate manner.
For these reasons, the Movants urge that the Court extend the stay set forth in Pretrial Order Nos. 3511 and 3725, as provided in the accompanying proposed Order.