Opinion
MDL No. 1290 (TFH), Misc. No. 99ms276, Case No.: L99cv00790, Consolidated with Case No.: 99 c 2228 (U.S. District Court for the District of Illinois), Consolidated with Case No.: 02 cv 4598 (U.S. District Court for the Southern District of New York)
November 20, 2003
David J. Hensler, Mitchell E. Zamoff, Esq., Hogan Hartson, LLP, Washington, DC, for the Mylan Defendants
Brian S. Roman, DWK Law Group, PC, Pittsburg, PA, for the Mylan Defendants
Robert S. Bennett Gary A. MacDonald Skadden, Arps, Slate, Meagher Flom LLP Washington, DC, for Milan Puskar, Gary W. Kubek, Christopher K. Tahbaz, DeBevoise Plimpton New York, NY, for Cambrex Corp. and Profartnaco S.r.I.,
David A. Hickerson, Lisa R. Fine, Weil Gotshal Manges, LLP, Washington, DC, for Gyma Laboratories of America, Inc.
Sidney S. Rosdeitcher, Robert N. Kravitz, Paul Weiss Rifkind Wharton Garrison, New York, NY, for SST Corporation
[PROPOSED] ORDER APPROVING INTERIM PAYMENT TO CLASS ADMINISTRATOR
WHEREAS Direct Purchaser Class Plaintiffs have moved this Court for an order approving the payment of interim costs incurred by Class Counsel in connection with the payment of outstanding invoices of Poorman-Douglas Corporation, Class Administrator, which is currently administering the claims process and the distribution of payments to the Class Members out of the Direct Purchaser Settlement Fund; and
WHEREAS this Court has approved the settlements between Direct Purchaser Class Plaintiff's and all Defendants; and the Final Order and Judgment Approving Settlement between Direct Purchaser Class Plaintiffs and Defendants was filed on June 16, 2003; and
WHEREAS this Court has approved the appointment of Poorman-Douglas Corporation as Class Administrator to administer the distribution of the Notice of Proposed Settlement and Proof of Claim Forms, publication of Summary Notice and to process all Proofs of Claim and distribute the Direct Purchaser Settlement Fund to all eligible Class Members by Order filed April 11, 2003; and
WHEREAS this Court has ordered that the Class Administrator be compensated from the Direct Purchaser Settlement Fund Account for its services in connection with the notice and administration and the costs of giving mailed and published notice by Order filed April 11, 2003;and
WHEREAS, in the Final Order and Judgment, this Court has approved the; notice of the settlement to the Class Members and the Allocation and Distribution Plan as proposed by Class Plaintiffs, and directed the Class Administrator to distribute the Direct Purchaser Settlement Fund in the manner provided in the Allocation and Distribution Plan; and
WHEREAS pursuant to paragraph 5(b) of the Escrow Agreement, the Court is required to approve notice costs and administrative costs and expenses prior to disbursement of funds by the Escrow Agent out of the Direct Purchaser Settlement Fund Account; and
WHEREAS Poorman-Douglas Corporation has submitted to Class Plaintiffs invoices in the amount of $59,621.28 for services rendered from June 105 2003 through September 30, 2003 in connection with the administrative costs of processing of claims submitted by Class Members, and such invoices are outstanding at this time; and
WHEREAS Class Plaintiffs desire to not require Poorman-Douglas Corporation to wait until the end of the entire claims process to receive payment on these outstanding invoices for such services rendered from June 10, 2003 through September 30, 2003.
NOW THEREFORE, IT IS HEREBY ORDERED that:
1. An interim payment in the amount of $59,621.28 to Poorman-Douglas Corporation is approved, to be paid out of the Direct Purchaser Settlement Fund for services rendered from June 10, 2003 through September 30, 2003.
2. The Escrow Agent for the Direct Purchaser Settlement Account is authorized and directed to disburse $59,621.28 to Class Counsel in order to pay such invoices of Poorman-Douglas Corporation.
SO ORDERED.