Opinion
MDL No. 1290 (TFH), Civ. No. 1:98 CV 03115 (TFH).
February 1, 2002
ORDER
This action (the "Action") having come before this Court for a hearing on November 29, 2001, pursuant to the Order of this Court dated April 27, 2001 (the "Preliminary Approval Order") to consider and determine the matters set forth in the Preliminary Approval Order; and due notice of the hearing having been published; and all persons having objections been provided the opportunity to object to the proposed settlements in this Action set forth in the: (i) Settlement Agreement between the Plaintiff States, the Federal Trade Commission (the "FTC"), Mylan Laboratories, Inc. ("Mylan"), Gyma Laboratories of America, Inc. ("Gyma"), Profarmaco S.r.1. ("Profarmaco"), and Cambrex Corporation ("Cambrex"); and (ii) Settlement Agreement between the Plaintiff States and SST Corporation ("SST") (the "Settlements"); and the Court having considered the matters, including all papers filed in connection therewith and oral presentations of counsel at the hearing; and the Court having granted final approval of the Settlements; and
The Court having granted the motion of the Intervenors by Order dated April 27, 2001; and the Court having considered the Stipulation of Settlement and Dismissal entered into between the Intervenors, Mylan, Cambrex, Profarmaco and Gyma (the "Stipulation") in which Mylan Pharmaceuticals, Inc. agreed to pay the sum of up to $4 million as attorneys fees to Indirect Purchaser Lead Counsel (as defined in the Stipulation) on behalf of Indirect Purchaser Counsel (as defined in the Stipulation) in respect to performance as more fully set forth in the Stipulation; and the Court having considered the matter, including all papers filed in connection therewith, and the oral presentations of counsel. at the hearing, and good cause appearing therefor,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. The Court has jurisdiction over the subject matter of this Action and over all of the parties to the Stipulation.
2. The Intervenors are hereby directed to take the steps necessary to. dismiss the cases, which they filed as set forth in the Schedule annexed as Exhibit 1.
3. The Court finds that the Intervenors' counsel, and other counsel for the indirect purchaser plaintiffs in the actions which are the subject to this Court's Order of March 9, 2000 (the "Related Actions") have assisted in prosecuting, inter alia, the State Purchaser Actions, and the parties to this Action having no objection, it is hereby ordered that, pursuant to the Stipulation, Mylan Pharmaceuticals, Inc. pay the sum of $4 million to Indirect Purchaser Lead Counsel (as defined in the Stipulation) on behalf of Indirect Purchaser Counsel (as defined in the Stipulation) as attorneys' fees in the manner set forth in the Stipulation; and
4. Without in any way affecting the finality of this Order, this Court hereby retains jurisdiction over the parties to the Stipulation for the purpose of implementing and enforcing the terms of the Stipulation, as well as all matters relating to the terms of this Order.
EXHIBIT I SCHEDULE OF ACTIONS
Jurisdiction Title of Action Ashcraft v. Mylan Laboratories, Inc., et al McLaughlin v. Mylan Laboratories Inc., et al Mylan Generic Drug Antitrust Consumer Cases Datlow v. Mylan Laboratories, Inc., et al Dearman v. Mylan Laboratories, Inc., et al Millender v. Mylan Laboratories Inc., et al Brockney v. Mylan Laboratories Inc., et al Dunkel v. Mylan Laboratories Inc., et al Pettit v. Mylan Laboratories Inc., et al Kieffer v. Mylan Laboratories, Inc. et al Migden v. Mylan Laboratories, Inc., et al Swain v. Mylan Laboratories, Inc., et al Wright v. Mylan Laboratories, Inc., et al Scenic Bluffs Community Health Center v. Mylan Laboratories, Circuit Court of Inc., et al
Alabama: ., No. CV99-39 (the Circuit Court of "Ashcraft Action"); Jefferson County, Arizona: ., No. CV980863 Superior Court of (the "McLaughlin Action"); Yavapai County California: , Judicial Superior Court of Counsel Coordination Proceeding No. 4075 (the "California San Francisco County Action"); District of Columbia: ., No. 0000266-99 (the Superior Court "Datlow Action"); Florida: ., No. 99-000123 (the Circuit Court of "Dearman Action"); Broward County Kansas: ., No. 0001708 (the District Court of "Millender Action"); Sedgwick County Massachusetts: ., No. 00479 (the Superior Court of "Brockney Action"); County Michigan: ., No. 98-001503-CZ Circuit Court of (the "Dunkel Action"); Oakland County Minnesota: ., No. MC-00-002501 (the District Court of "Pettit Action"); Hennepin County New Jersey: ., No. BER-L-365-99EM Superior Court of (the "Kieffer Action"); Bergen County New York: ., No. 99-600120 (the Supreme Court of "Migden Action"); New York County North Carolina: ., No. 99CVS235 (the Superior Court of "Swain Action"); Carteret County Tennessee: ., No. 99C37 (the Chancery Court of "Wright Action"); and Sumner County Wisconsin: ., No. 98CV3286 (the "Scenic Bluffs Action"). Dane County