 |
The Official MDL - 1203 Web Site
Complex Tech
|
 |
 |
|
 |
 |
|
 |
 |
 |
 |
|
|
FENPHEN MDL-1203 Offical
Website for the United States Courts' Multidistrict Litigation,
Action No. 1203, In Re: Diet Drugs
| 06/28/02 | 2500 | Re: Priscilla Edwards v. AHP (99-20240) AND NOW TO WIT: This 28th day of June, 2002. It having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants. | | 06/28/02 | 2501 | Re: Betty Glaze v. AHP (98-20278) AND NOW TO WIT: This 28th day of June, 2002. It having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants. | | 06/28/02 | 2502 | Re: Sharon Boxie v. AHP (99-20108) AND NOW TO WIT: This 28th day of June, 2002. It having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants. | | 06/28/02 | 2503 | Re: Leslie Dial v. AHP (00-20908) AND NOW TO WIT: This 28th day of June, 2002. It having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants. | | 06/28/02 | 2504 | Re: Darlene and Marlin Broussard v. AHP (99-20153) AND NOW TO WIT: This 28th day of June, 2002. It having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants. | | 06/28/02 | 2505 | Re: Sheri Wrinkle v. AHP (99-20653) AND NOW TO WIT: This 28th day of June, 2002. It having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants. | | 06/28/02 | 2506 | Re: Pam Veron v. AHP (99-20090) AND NOW TO WIT: This 28th day of June, 2002. It having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants. | | 06/28/02 | 2507 | Re: Cynthia S. Hill v. AHP (00-20508) AND NOW TO WIT: This 28th day of June, 2002. It having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants. | | 06/28/02 | 2508 | Re: Maggie Chaney v. AHP (98-20478) AND NOW TO WIT: This 28th day of June, 2002. It having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants. | | 06/28/02 | 2509 | Re: Jabie Abercrombe v. AHP (01-20102) AND NOW TO WIT: This 28th day of June, 2002. It having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants. | | 06/28/02 | 2510 | Re: Martin and Jeri Moss v. AHP (02-20110) AND NOW TO WIT: This 28th day of June, 2002. It having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants. | | 06/28/02 | 2511 | Re: Janette C. Nixon v. AHP (00-20256) AND NOW TO WIT: This 28th day of June, 2002. It having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants. | | 07/03/02 | 2512 | Re: Theresa Mooney v. AHP (01-20012) AND NOW TO WIT: This 3rd day of July, 2002, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED, that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named defendants. | | 07/03/02 | 2513 | Re: Carolyn Cohen v. AHP (00-20907) AND NOW TO WIT: This 3rd day of July, 2002, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED, that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named defendants. | | 07/03/02 | 2514 | Re: Martin Cohen v. AHP (00-20842) AND NOW TO WIT: This 3rd day of July, 2002, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED, that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named defendants. | | 07/03/02 | 2515 | Re: Roxann Webb v. AHP (99-20459) AND NOW TO WIT: This 3rd day of July, 2002, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED, that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named defendants. | | 07/03/02 | 2516 | Re: Martha & Gary Lare v. AHP (01-20013) AND NOW TO WIT: This 3rd day of July, 2002, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED, that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named defendants. | | 07/03/02 | 2517 | Re: Kathryn & Richard Hamas v. AHP (01-20012) AND NOW TO WIT: This 3rd day of July, 2002, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED, that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named defendants. | | 07/09/02 | 2518 | Re: All cases on Exhibit A AND NOW TO WIT: This 9th day of July, 2002, it having been reported that the issues between the parties in the civil actions listed on Exhibit A hereto have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED, that, pursuant to agreement of counsel, the actions listed on Exhibit A hereto are DISMISSED with prejudice and without costs as to all named Defendants. (Judith and Eugene Belba, Linda and Roland Burke, Carla and Allan Lino, Darlene Rose Ribby, Roger Ribby, Diane Stunick, Judy Anne (Forster) Williams, Mary Alice Yost and Rachel Zanin) | | 07/09/02 | 2519 | Re: Selwyn Glincher (99-20131) AND NOW TO WIT: This 9th day of July, 2002, it having been reported that the issues between the parties in the civil action listed above have been settled and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants. | | 07/09/02 | 2520 | Re: All Actions AND NOW, TO WIT, this 9th day of July, 2002, upon consideration of the Seventeenth Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (04/01/02 through 04/30/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $46,008.17 for the period from 04/01/02 through 04/30/02, in accordance with the procedure established by the Court. | | 07/09/02 | 2521 | Re: All Actions AND NOW, TO WIT, this 9th day of July, 2002, upon consideration of the Forty-Ninth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses (04/01/02 through 04/30/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Special Discovery Master for disbursements and compensation for legal fees in the amount of $44,712.52 for the period from 04/01/02 through 04/30/02, in accordance with the procedure establhised by the Court. | | 07/09/02 | 2522 | Re: All Actions AND NOW, TO WIT, this 9th day of July, 2002, upon consideration of the Twenty-Fourth Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (02/01/02 through 04/30/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Escrow Agent for disbursements and compensation for legal fees in the amount of $2,235.23 for the period from 02/01/02 through 04/30/02, in accordance with the procedure establhised by the Court. | | 07/09/02 | 2523 | Re: All Actions - FILED UNDER SEAL | | 07/16/02 | 2524 | Re: Sheila Brown v. American Home Products (99-20593) AND NOW, this 16th day of July, 2002, after a conference with counsel, it is hereby ORDERED that a preliminary hearing on the motion of the AHP Settlement Trust for a preleminary injunction against the law firms of Hariton & D=Angelo and Napoli, Kaiser, Bern & Associates will be held on Thursday, August 15, 2002 at 2:00 pm in Courtroom 16A, United States Courthouse, 601 Market Street, Philadelphia, Pennsylvania. | | 07/16/02 | 2525 | Re: Shelia Brown v. American Home Products (99-20593) AND NOW, this 16th day of July 2002, upon consideraion of Motion of Milan Jeckle, M.D., to permit the filing of the Attached Reply to Plaintiffs= Supplemental Opposition to Dr. Jeckle=s Motion To Enforce Nationwide Class Actio nSettlement Agreement, it is hereby ORDERED that the Motion is GRANTED and the Clerk of the Court is directed to accept for filing the Reply of Milan Jackle, M.D., to Plaintiffs= Supplemental Opposition to Dr. Jeckle=s Motion To Enforce Nationwide Class Action Settlement Agreement. | | 07/22/02 | 2526 | Re: Sheila Brown v. American Home Products (99-20593) WHEREAS, Defendant Wyeth has requested a second extension of time in which to respond to the Notice of Appeal and Appeal of Report and Recommendation No. 1 of Special Master (As to Motions to Enforce Paragraph 7 of Pretrial Order No. 1415) (ANotice and Appeal@) filed June 17, 2002, by Plaintiffs Marlis Ann Barth, Nancy Lynn Jones, and Joan Solometo, on the grounds that Wyeth needs extra time to respond to the Notice and Appeal, which raises issues braoder than those contemplated in setting the response deadline set forth in Pretrial Order No. 2383, paragraph 11, and that Plaintiffs have consented to Wyeth=s request for such extension of time. IT IS THERFORE ORDERED AS FOLLOWS: That Wyeth has until July 26, 2002 to file any response to the Notice of Appeal and Appeal of Report and Recommendation No. 1 of Special Master (As to Motions to Enforce Paragraph 7 of Pretrial Order No. 1415) filed June 17, 2002, by Plaintiffs Marlis Ann Barth, Nancy Lynn Jones, and Joan Solometo. | | 07/22/02 | 2527 | Re: Fredia Amick v. American Home Products (00-20931) Before this Court is a Motion to Dismiss filed by Rosilind Brown, a putative plaintiff in the above case. The Court orders that the motion is due to be GRANTED for the following reasons: 1. Rosilind Brown did not file a request for exclusion prior to March 30, 2000, as required by the Nationwide Class Action Settlement Agreement with American Home Products Corporation dated November 18th, 1999 and Approved in January 2002, as amended (hereinafter the ASettlement@). Hence, she was improperly included as a Plaintiff in the Amick case. 2. This dismissal is without prejudice to any rights Rolilind Brown may have to pursue a claim under the Intermediate or Back End Opt Out provisions of the Settlement. | | 07/22/02 | 2528 | Re: Sheri Wetzel v. Wyeth, A.H. Robins, Interneuron, Gate, Smithkline Beecham, Abana, Shire Richwood, Medeva, Ion and John or Jane Does I-X (00-20012) Based upon the stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that defendant Interneuron Pharmaceuticals, Inc.=s Cross-Claim and Third-Party Complaint against American Home Products Corporation, Its Wyeth-Ayerst Laboratories division and Wyeth-Ayerst Pharmaceuticals, Inc. In the above captioned matter, be and hereby are dismissed, with prejudice; and IT IS HEREBY FURTHER ORDERED that defendants American Home Products Corporation, Its Wyeth-Ayerst Laboratories Division and Wyeth-Ayerst Pharmaceuticals, Inc.=s Cross-Claim against defendant Interneuron Pharmaceuticals, Inc. Be and hereby is dismissed, with prejudice, each party to bear its own costs and attorneys= fees. | | 07/22/02 | 2529 | Re: Diane Richins v. Wyeth, A.H. Robins, Interneuron, Gate, Smithkline Beecham, Abana, Shire Richwood, Medeva, Ion and John or Jane Does I-X (00-20446) Based upon the stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that defendant Interneuron Pharmaceuticals, Inc.=s Cross-Claim and Third-Party Complaint against American Home Products Corporation, Its Wyeth-Ayerst Laboratories division and Wyeth-Ayerst Pharmaceuticals, Inc. In the above captioned matter, be and hereby are dismissed, with prejudice; and IT IS HEREBY FURTHER ORDERED that defendants American Home Products Corporation, Its Wyeth-Ayerst Laboratories Division and Wyeth-Ayerst Pharmaceuticals, Inc.=s Cross-Claim against defendant Interneuron Pharmaceuticals, Inc. Be and hereby is dismissed, with prejudice, each party to bear its own costs and attorneys= fees. | | 07/22/02 | 2530 | Re: Julie Naylor v. Wyeth, A.H. Robins, Interneuron, Gate, Smithkline Beecham, Abana, Shire Richwood, Medeva, Ion and John or Jane Does I-X (00-20014) Based upon the stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that defendant Interneuron Pharmaceuticals, Inc.=s Cross-Claim and Third-Party Complaint against American Home Products Corporation, Its Wyeth-Ayerst Laboratories division and Wyeth-Ayerst Pharmaceuticals, Inc. In the above captioned matter, be and hereby are dismissed, with prejudice; and IT IS HEREBY FURTHER ORDERED that defendants American Home Products Corporation, Its Wyeth-Ayerst Laboratories Division and Wyeth-Ayerst Pharmaceuticals, Inc.=s Cross-Claim against defendant Interneuron Pharmaceuticals, Inc. Be and hereby is dismissed, with prejudice, each party to bear its own costs and attorneys= fees. | | 07/22/02 | 2531 | Re: Mary Ann Martinez v. Wyeth, A.H. Robins, Interneuron, Gate, Smithkline Beecham, Abana, Shire Richwood, Medeva, Ion and John or Jane Does I-X (00-20232) Based upon the stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that defendant Interneuron Pharmaceuticals, Inc.=s Cross-Claim and Third-Party Complaint against American Home Products Corporation, Its Wyeth-Ayerst Laboratories division and Wyeth-Ayerst Pharmaceuticals, Inc. In the above captioned matter, be and hereby are dismissed, with prejudice; and IT IS HEREBY FURTHER ORDERED that defendants American Home Products Corporation, Its Wyeth-Ayerst Laboratories Division and Wyeth-Ayerst Pharmaceuticals, Inc.=s Cross-Claim against defendant Interneuron Pharmaceuticals, Inc. Be and hereby is dismissed, with prejudice, each party to bear its own costs and attorneys= fees. | | 07/22/02 | 2532 | Re: Shirley A. Johnson v. Wyeth, A.H. Robins, Interneuron, Gate, Smithkline Beecham, Abana, Shire Richwood, Medeva, Ion and John or Jane Does I-X (00-20011) Based upon the stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that defendant Interneuron Pharmaceuticals, Inc.=s Cross-Claim and Third-Party Complaint against American Home Products Corporation, Its Wyeth-Ayerst Laboratories division and Wyeth-Ayerst Pharmaceuticals, Inc. In the above captioned matter, be and hereby are dismissed, with prejudice; and IT IS HEREBY FURTHER ORDERED that defendants American Home Products Corporation, Its Wyeth-Ayerst Laboratories Division and Wyeth-Ayerst Pharmaceuticals, Inc.=s Cross-Claim against defendant Interneuron Pharmaceuticals, Inc. Be and hereby is dismissed, with prejudice, each party to bear its own costs and attorneys= fees. | | 07/22/02 | 2533 | Re: Tannaca Johansen v. Wyeth, A.H. Robins, Interneuron, Gate, Smithkline Beecham, Abana, Shire Richwood, Medeva, Ion and John or Jane Does I-X (00-20448) Based upon the stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that defendant Interneuron Pharmaceuticals, Inc.=s Cross-Claim and Third-Party Complaint against American Home Products Corporation, Its Wyeth-Ayerst Laboratories division and Wyeth-Ayerst Pharmaceuticals, Inc. In the above captioned matter, be and hereby are dismissed, with prejudice; and IT IS HEREBY FURTHER ORDERED that defendants American Home Products Corporation, Its Wyeth-Ayerst Laboratories Division and Wyeth-Ayerst Pharmaceuticals, Inc.=s Cross-Claim against defendant Interneuron Pharmaceuticals, Inc. Be and hereby is dismissed, with prejudice, each party to bear its own costs and attorneys= fees. | | 07/22/02 | 2534 | Re: Donna Christensen v. Wyeth, A.H. Robins, Interneuron, Gate, Smithkline Beecham, Abana, Shire Richwood, Medeva, Ion and John or Jane Does I-X (00-20447) Based upon the stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that defendant Interneuron Pharmaceuticals, Inc.=s Cross-Claim and Third-Party Complaint against American Home Products Corporation, Its Wyeth-Ayerst Laboratories division and Wyeth-Ayerst Pharmaceuticals, Inc. In the above captioned matter, be and hereby are dismissed, with prejudice; and IT IS HEREBY FURTHER ORDERED that defendants American Home Products Corporation, Its Wyeth-Ayerst Laboratories Division and Wyeth-Ayerst Pharmaceuticals, Inc.=s Cross-Claim against defendant Interneuron Pharmaceuticals, Inc. Be and hereby is dismissed, with prejudice, each party to bear its own costs and attorneys= fees. | | 07/22/02 | 2535 | Re: Bruce J. Bowen v. Wyeth, A.H. Robins, Interneuron, Gate, Smithkline Beecham, Abana, Shire Richwood, Medeva, Ion and John or Jane Does I-X (00-20010) Based upon the stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that defendant Interneuron Pharmaceuticals, Inc.=s Cross-Claim and Third-Party Complaint against American Home Products Corporation, Its Wyeth-Ayerst Laboratories division and Wyeth-Ayerst Pharmaceuticals, Inc. In the above captioned matter, be and hereby are dismissed, with prejudice; and IT IS HEREBY FURTHER ORDERED that defendants American Home Products Corporation, Its Wyeth-Ayerst Laboratories Division and Wyeth-Ayerst Pharmaceuticals, Inc.=s Cross-Claim against defendant Interneuron Pharmaceuticals, Inc. Be and hereby is dismissed, with prejudice, each party to bear its own costs and attorneys= fees. | | 07/22/02 | 2536 | Re: Donna M. Anderson v. Wyeth, A.H. Robins, Interneuron, Gate, Smithkline Beecham, Abana, Shire Richwood, Medeva, Ion and John or Jane Does I-X (00-20013) Based upon the stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that defendant Interneuron Pharmaceuticals, Inc.=s Cross-Claim and Third-Party Complaint against American Home Products Corporation, Its Wyeth-Ayerst Laboratories division and Wyeth-Ayerst Pharmaceuticals, Inc. In the above captioned matter, be and hereby are dismissed, with prejudice; and IT IS HEREBY FURTHER ORDERED that defendants American Home Products Corporation, Its Wyeth-Ayerst Laboratories Division and Wyeth-Ayerst Pharmaceuticals, Inc.=s Cross-Claim against defendant Interneuron Pharmaceuticals, Inc. Be and hereby is dismissed, with prejudice, each party to bear its own costs and attorneys= fees. | | 07/22/02 | 2537 | Re: Asenith Zaleski v. American Home Products Corp., Wyeth-Ayerst Laboratories, Major Pharmaceuticals, Inc. Interneuron Pharm, Boehringer Ingelheim (99-20353) Based upon the stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that defendant Interneuron Pharmaceuticals, Inc.=s Cross-Claim against American Home Products Corporation and Wyeth-Ayerst Laboratories Company in the above-captined matter, be and hereby is dismissed, with prejudice; and IT IS HEREBY FURTHER ORDERED that defendants American Home Products Corporation and Wyeth-Ayerst Laboratories Company=s Cross-Claim against defendant Interneuron Pharmaceuticals, Inc. Be and hereby is dismissed, with prejudice, each party to bear its own casts and attorneys= fees. | | 07/22/02 | 2538 | Re: June Piker v. Wyeth, A.H. Robins, Interneuron, Gate, Smithkline Beecham, Abana, Shire Richwood, Medeva, Ion and John or Jane Does I-X (00-20027) Based upon the stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that defendant Interneuron Pharmaceuticals, Inc.=s Cross-Claim against American Home Products Corporation and its Wyeth-Ayerst Laboratories Division, and defendant American Home Products Corporation and its Wyeth-Ayerst Laboratories Division=s Cross-Claim against defendant Intreneuron Pharmaceuticals, Inc. In the above-captioned matter, be and hereby are dismissed, with prejudice, each party to bear its own costs and attorneys= fees. | | 07/22/02 | 2539 | Re: Corinne Peacock v. Eon, Geneva, American Home Products, Interneuron, Boehringer Ingelheim, Qualitest Pharmaceuticals, Inc. (99-20462) Based upon the stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that defendant Interneuron Pharmaceuticals, Inc.=s Cross-Claim against American Home Products Corporation and Wyeth-Ayerst Laboratories Company in the above captioned matter, be and hereby is dismissed, with prejudice; and IT IS HEREBY FURTHER ORDERED that defendants American Home Products Corporation, Its Wyeth-Ayerst Laboratories Company=s Cross-Claim against defendant Inerneuron Pharmaceuticals, Inc. Be and hereby is dismissed, with prejudice, each party to bear its own costs and attorneys= fees. | | 07/22/02 | 2540 | Re: Susan Frederick v.. Eon, Boehringer Ingelheim, Medeva, Fisons, American Home Products Corporation, A.H. Robins Company, and Wyeth-Ayerst Laboratories Company, Inc., (99-20384) Based upon the stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that defendant Interneuron Pharmaceuticals, Inc.=s Cross-Claim against American Home Products Corporation and its Wyeth-Ayerst Laboratories Division in the above-captioned matter, beand hereby is dismissed, with prejudice; and IT IS HEREBY FURTHER ORDERED that defendants American Home Products Corporation and its Wyeth-Ayerst Laboratories Division=s Cross-Claim against defendant Interneuron Pharmaceuticals, Inc. Be and hereby is dismissed, with prejudice, each party to bear its own costs and attorneys= fees. | | 07/23/02 | 2541 | Re: Sharon Hagan v. American Home Products (99-20818) AND NOW, this 23rd day of July, 2002, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees. Sharon Hagan has completed a ABlue Form@ and registered for the Nationwide Clas Action Diet Drug Settlement (Athe Settlement@) with American Home Products Corporation. Notwithstanding the foregoing, this Order shall not affect any right to which plaintiff may be entitled pursuant to the Settlement. This Stipulation is filed on behalf of Plaintiff and the only defendant in this action, American Home Products Corporation. | | 08/05/02 | 2542 | Re: Sheila Brown v. AHP (ALL CASES LISTED ON EXHIBIT A) (99-20593) AND NOW TO WIT: This 5th day of August, 2002, it having been reported that plaintiffs in the listed actions have not opted out of the Nationwide Class Action Settlement Agreement with AHP (the ASettlement Agreement@), and do not intend to prosecute their respective actions against any named defendants which have not been released pursuant to theat Settlement Agreement, upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby | | 08/06/02 | 2543 | Re: All Actions FILED UNDER SEAL | | 08/06/02 | 2544 | Re: All Actions FILED UNDER SEAL | | 08/06/02 | 2545 | Re: All Actions AND NOW, TO WIT, this 6th aday of August, 20002, upon consideration of the Third Application by Special Master for Interim Compensation and Reimbursement of Expenses Relating to Pretrial Order No. 2383 (06/01/02 through 06/30/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that Wyeth reimburse the Special Master for disbursements and compensaton for legal fees in the amount of $4,058.14 for the period from 06/01/02 through 06/30/02, in accordance with the procedure established by the Court. | | 08/06/02 | 2546 | Re: Jill Ondrejko-Venezia v. American Home Products (98-20595) AND NOW, this 6th day of August, 2002, it is hereby STIPULATED, ORDERED, ADJUDGED AND DECREED, pursuant to Federal Rules of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to all named Defendants, with each party to bear its own costs and counsel fees. This Stipulation is field on behalf of Plaintiffs Jill Ondrejko-Venezia, wife of/and Charles Phillip Venezia and all Defendants who have appeared in the above-captioned matter, those being American Home Products Corporation and Wyeth-Ayerst Laboratories Company (collectively AAHPC@), Eon Labs Manufacturing, Inc. And Smithkline Beecham Corporation. | | 08/06/02 | 2547 | Re: All Actions AND NOW, TO WIT, this 6th aday of August, 20002, upon consideration of the First Application by Special Master for Interim Compensation and Reimbursement of Expenses Relating to Pretrial Order No. 2383 (02/01/02 through 04/30/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that Wyeth reimburse the Special Master for disbursements and compensaton for legal fees in the amount of $15,328.90 for the period from 02/01/02 through 04/30/02, in accordance with the procedure established by the Court. | | 08/06/02 | 2548 | Re: All Actions AND NOW, TO WIT, this 6th aday of August, 20002, upon consideration of the Third Application by Special Master for Interim Compensation and Reimbursement of Expenses Relating to Petitions for Awards of Attorneys= Fees and Reimbursement of Litigation Expenses (06/01/02 through 06/30/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the Special Discovery Master shall be reimbursed out of the MDL 1203 Fee and Cost Account for disbursements and compensation for legal fees in the amount of $58,482.20 for the period from 06/01/02 through 06/30/02, in accordance with the procedure established by the Court. |
|
| 08/06/02 | 2549 | Re: All Actions AND NOW, TO WIT, this 6th aday of August, 20002, upon consideration of the Second Application by Special Master for Interim Compensation and Reimbursement of Expenses Relating to Petitions for Awards of Attorneys= Fees and Reimbursement of Litigation Expenses (05/01/02 through 05/31/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the Special Discovery Master shall be reimbursed out of the MDL 1203 Fee and Cost Account for disbursements and compensation for legal fees in the amount of $31,464.25 for the period from 05/01/02 through 05/31/02, in accordance with the procedure established by the Court. | | 08/06/02 | 2550 | Re: All Actions AND NOW, TO WIT, this 6th aday of August, 20002, upon consideration of the First Application by Special Master for Interim Compensation and Reimbursement of Expenses Relating to Petitions for Awards of Attorneys= Fees and Reimbursement of Litigation Expenses (02/01/02 through 04/30/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the Special Discovery Master shall be reimbursed out of the MDL 1203 Fee and Cost Account for disbursements and compensation for legal fees in the amount of $38,874.09 for the period from 02/01/02 through 04/30/02, in accordance with the procedure established by the Court. | | 08/06/02 | 2551 | Re: All Actions AND NOW, TO WIT, this 6th aday of August, 20002, upon consideration of the Nineteenth Application by Special Master to the AHP Settlement Trust for Interim Compensation and AReimbursement of Expenses (06/01/02 through 065/30/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $43,540.39 for the period from 06/01/02 through 06/30/02, in accordance with the procedure established by the Court. | | 08/06/02 | 2552 | Re: All Actions AND NOW, TO WIT, this 6th aday of August, 20002, upon consideration of the Eighteenth Application by Special Master to the AHO Settlement Trust for Interim Compensation and AReimbursement of Expenses (05/01/02 through 05/31/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $44,054.43 for the period from 05/01/02 through 05/31/02, in accordance with the procedure established by the Court. | | 08/06/02 | 2553 | Re: All Actions AND NOW, TO WIT, this 6th day of August, 2002, upon consideration of the Twenty-Fifth Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (05/01/02 through 05/31/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimbuse the Escrow Agent for disbursements and compensation for legal fees in the amount of $3,349.55 for the period 05/01/02 through 05/31/02, in accordance with the procedure established by the Court. | | 08/06/02 | 2554 | Re: All Actions AND NOW, TO WITH, this 6th day of August, 2002, upon consideration of the Fifty-First Application by Special Discovery Master for Interim compensation and Reimbusement of Expenses (06/01/02 through 06/30/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimbuse the Special Discovery Master for disbursements and compensation for legal fees in the amount of $36,483.62 for the period from 06/01/02 through 06/30/02, in accordance with the procedure established by the Court. | | 08/06/02 | 2555 | Re: All Actions: AND NOW, TO WIT, this 6th day of August, 2002, upon consideration of the Fiftieth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses (05/01/02 through 05/31/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimbuse the Special Discovery Master for disbursements and compensation for legal fees in the amount of $47,805.19 for the period from 05/01/02 through 05/31/02, in accordance with the procedure established by the Court. | | 08/06/02 | 2556 | Re: All Actions: AND NOW, TO WIT, this 6th day of August, 2002, upon consideration of the Twenty-Sixth Application by Escrow Agent for Interim Compensation and Reimbusement of Expenses (06/01/02 through 06/30/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimbuse the Escrow Agent for disbursements and compensation for legal fees in the amount of $1,957.73 for the period 06/01/02 through 06/30/02, in accordance with the procedure established by the Court. | | 08/06/02 | 2557 | Re: Willie James Davis v. American Home Products, Corporation (01-20036) AND NO, this 6th day of August, 2002, upon consideration of Wyeth=s unopposed Motion to dismiss based on Non-Compliance with Pretrial Order No. 2193 and Federal Rule of Civil Procedure 26, it is ORDERED that Wyeth=s Motion is GRANTED. It is further ORDERED that the complaint in the above-captioned action and all claims of plaintiff Willie James Davis against the defendant are DISMISSED with prejudice. | | 08/06/02 | 2558 | Re: Greta Zion v. AHP, Wyeth Ayerst and Interneuron Pharmaceuticals (00-20520) AND NOW, this 6th day of August, 2002, upon consideration of Wyeth=s unopposed Motion to Dismiss Pursuant to Fed. R. Civ. P. 25(a)(1), Wash.Rev. Code Ann 4.20.050 (2001), and Fed. R. Civ. P. 41(b), it is hereby ORDERED that said motion is GRANTED. It is further ORDERED that the complaint in the above-captioned action and all of plaintiffs= claims against defendants are dismissed with prejudice. | | 08/07/02 | 2559 | Re: Brenda Brice v. AHP (02-20131) CONSIDERING THE FOREGOING Motion to Substitute Counsel; IT IS HEREBY ORDERED that Charles M. Steen with the law firm of Steen, McShane & Williamson, L.L.C., be, and is hereby, enrolled as counsel of record for Smithkline Beecham Corporation, Philadelphia, Pennsylvania this 7th of August, 2002. | | 08/07/02 | 2560 | Re: Cynthia Acosta v. AHP (02-20141) CONSIDERING THE FOREGOING Motion to Substitute Counsel; IT IS HEREBY ORDERED that Charles M. Steen with the law firm of Steen, McShane & Williamson, L.L.C., be, and is hereby, enrolled as counsel of record for Smithkline Beecham Corporation, Philadelphia, Pennsylvania this 7th of August, 2002. | | 08/07/02 | 2561 | Re: Melanie Boudreaux v. AHP (02-20133) CONSIDERING THE FOREGOING Motion to Substitute Counsel; IT IS HEREBY ORDERED that Charles M. Steen with the law firm of Steen, McShane & Williamson, L.L.C., be, and is hereby, enrolled as counsel of record for Smithkline Beecham Corporation, Philadelphia, Pennsylvania this 7th of August, 2002. | | 08/07/02 | 2562 | Re: Carole Creighton v. AHP (02-20137) CONSIDERING THE FOREGOING Motion to Substitute Counsel; IT IS HEREBY ORDERED that Charles M. Steen with the law firm of Steen, McShane & Williamson, L.L.C., be, and is hereby, enrolled as counsel of record for Smithkline Beecham Corporation, Philadelphia, Pennsylvania this 7th of August, 2002. | | 08/07/02 | 2563 | Re: Cathy Cheramie v. AHP (02-20131) CONSIDERING THE FOREGOING Motion to Substitute Counsel; IT IS HEREBY ORDERED that Charles M. Steen with the law firm of Steen, McShane & Williamson, L.L.C., be, and is hereby, enrolled as counsel of record for Smithkline Beecham Corporation, Philadelphia, Pennsylvania this 7th of August, 2002. | | 08/07/02 | 2564 | Re: Mary Wire v. AHP (02-20145) CONSIDERING THE FOREGOING Motion to Substitute Counsel; IT IS HEREBY ORDERED that Charles M. Steen with the law firm of Steen, McShane & Williamson, L.L.C., be, and is hereby, enrolled as counsel of record for Smithkline Beecham Corporation, Philadelphia, Pennsylvania this 7th of August, 2002. | | 08/07/02 | 2565 | Re:Rosalie Bergerpm v. AHP (02-20136) CONSIDERING THE FOREGOING Motion to Substitute Counsel; IT IS HEREBY ORDERED that Charles M. Steen with the law firm of Steen, McShane & Williamson, L.L.C., be, and is hereby, enrolled as counsel of record for Smithkline Beecham Corporation, Philadelphia, Pennsylvania this 7th of August, 2002. | | 08/07/02 | 2566 | Re: Andre Laborde v. AHP (00-20909) CONSIDERING THE FOREGOING Motion to Substitute Counsel; IT IS HEREBY ORDERED that Charles M. Steen with the law firm of Steen, McShane & Williamson, L.L.C., be, and is hereby, enrolled as counsel of record for Smithkline Beecham Corporation, Philadelphia, Pennsylvania this 7th of August, 2002. | | 08/13/02 | 2567 | Re: Sandra Anderson, Latrell Ashley & Tanya Sherelle Castal v. AHP (01-20182, 02-20098 & 02-20107) AND NOW, this 13th day of August, 2002, it is hereby ORDERED that: (1) the motion and amended motion of plaintiffs to remand in Anderson v. AHP (Doc. Nos. 202790 and 202945) is DENIED except as to plaintiffs, Crystal Gatlin and Verna Brown. The actions of these two plaintiffs are remanded to the Civil District Court for the Parish of Orleans, Louisiana. (2) the motion of plaintiffs to remand to the Circuit Court of sunflower Count, Mississippi in Ashley v. AHP (Doc. No. 202835) is DENIED; AND (3) the motion of plaintiffs to remand to the Circuit Court of Coahoma Count, Mississippi in Castal v. AHP (Doc. No. 202836) is DENIED | | 08/13/02 | 2568 | AND NOW, this 13th day of August, 2002, it is hereby ORDERED that the Decision and Recommendation No. 96 of Special Discovery Master (as to Outstanding Discovery Issues in the Anderson Matter) is AFFIRMED. | | 08/13/02 | 2569 | AND NOW, this 13th day of August, 2002, it is hereby ORDERED that the next status conference will be held on October 2, 2002 at 2:30 p.m. in Courtroom 16-A, 16th Floor, United States Courthouse, 601 Market Street, Philadelphia, PA 19106 | | 08/13/02 | 2570 | AND NOW, this 13th day of August, 2002, it has come to the attention of the court that there seem to be a trend in the intermediate and back end opt-out cases filed thus far to join a large number of plaintiffs in one suit. The court is prepared to consier whether such joinder violates sections IV.D. 3 and 4 of the Nationwide Class Action Settlement Agreement with American Home Products Corporation. Accordingly, it is hereby ORDERED that: (1) any interested party may file and serve on or before September 11, 2002 a brief in support of or in opposition to the proposition that the joinder of multiple plaintiffs in one lawsuit violates the terms of the Settlement Agrement; (2) any responses to the above briefs shall be filed and served on or before September 25, 2002; and (3) no brief shall exceed 20 pages in lenght. | | 08/13/02 | 2571 | Upon the petition of Glenn A. Dorfman, and for other good cause showing, IT IS ORDERED that the AHP SETTLEMENT TRUST now and forthwith issue payment to Glenn A. Dorfman in the sum of $43,067.00 as his fees and costs in this diet drug claim. | | 08/15/02 | 2572 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 15th day of August, 2002, after a conference with the parties and in order to maintain the status quo until a determination can be made following a September 3, 2002 hearing, it is hereby ORDERED that the AHP Settlement Trust shall temporarily discontinue making payments associated with any Matrix Claims that either Hariton & D=Angelo, LLP or Napoli, Kaiser, Bern & Associates, LLP have submitted to the trust and that are scheduled to be paid on or before August 30, 2002, (1)unless the Trust determines that the Class Member has the mdical conditions necessary for eligibility for Matrix Compensation Benefits under the Settlement Agreement, or (2) until further order of court. | | 08/15/02 | 2573 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 15th day of August, 2002, it is hereby ORDERED that: (1) a hearing on the AHP Settlement Trust=s motion for injunctive relief against the law firms of Hariton & D=Angelo, LLP and Napoli, Kaiser, Bern & Associates, LLP will be held on Tuesday, September 3, 2002 at 10:30 a.m.; (2) movants shall file and serve pre-hearing briefs on or before August 23, 2002; and (3) respondents shall file and serve pre-hearing briefs on or before August 30, 2002 | | 08/15/02 | 2574 | Re: Shelia Brown, et al. v. AHP (99-20593) WHEREAS, Plaintiffs Marliss Ann Barth, Nancy Lynn Jones, and Joan Solometo have requested an extension of time in which to reply to Wyeth=s Response to Notice of Appeal of Report and Recommendation No. 1 of Special Master (As to Motions to Enforce Paragraph 7 of Pretrial Order No. 1415) filed 26 July 2002 by Wyeth, on the grounds that the Response is extensive and attaches voluminous records responding to Plaintiffs= Notice and Appeal which itself raises issues broader thatn those contemplated in setting deadlines set forth in Pretrial Order no. 2383, and that Wyeth has consented to Plaintiffs= request for such extension of time; IT IS THEREFORE ORDERED AS FOLLOWS: That Plaintiffs have until 23 August 2002 to file any reply to the Repsonse to the Notice and Appeal of Report and Recommendation No. 1 of Special Master (AS to Motions to Enforce Paragraph 7 of Pretrial Order No. 1415), said Response filed 26 July 2002, by Wyeth. | | 08/16/02 | 2575 | Re: listed cases AND NOW TO WIT: This 16th day of August, 2002, it having been reported that plaintiffs in the listed actions have not opted out of the Nationwide Class Action Settlement Agrement with AHP (the ASettlement Agreement@), and do not intend to prosecute their respective actions against any named defendants which have not been released pursuant to the Settlement Agreement, upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to the Settlement Agreement and the agreement of counsel, the civil actions listed on Exhibit A hereto are DISMISSED with prejudice and without costs as to all named Defendants. Notwithstanding the foregoing, this Order shall not affect any rights to which the plaintiffs in the listed civil actions may be entitled pursuant to the Settlement Agreement. | | 08/16/02 | 2576 | Re: All Actions FILED UNDER SEAL | | 08/16/02 | 2577 | AND NOW, this 16th day of August, 2002, it is hereby ORDERED that: (1) the motion of the Brad Hendricks Law Firm for reimbursement of common fund assessment or in the alternative to reduce common fund assessment is DENIED; (2) the motion of the PMC to strike the Brad Hendricks Law Firm=s motion for reimbursement of common fund assessment or in the alternative to reduce common fund assessment (Doc. No. 203092) is DENIED as moot. | | 08/16/02 | 2578 | AND NOW, this 16th day of August, 2002, it is hereby ORDERED that Pretrial Order No. 2542 dated August 5, 2002 is vacated as to Sheila Brown et al. V. American Home Products, Civ. A. No. 99-20593. | | 08/16/02 | 2579 | Re: Kathy Green v. American Home Products, et al. (02-20129) AND NOW, this 16th day of August, 2002, it is hereby ORDERED that: (1) the motion of plaintiffs to remand to the Circuit Court of Jefferson County, Mississippi is GRANTED because the Notice of Removasl was not filed witin one year of the commencement of the action. See 28 U.S.C. 1446 (b); Miss. R. Civ. P. 3(a); Turner v. Ford Motor Co., 116 F. Supp. 2d 755 (S.D. Miss 2000); and (2) this action is REMANDED to the Circuit Court of Jefferson County, Mississippi. | | 08/19/02 | 2580 | Re: Sheila Brown v. American Home Products (99-20593) AND NOW, this 19th day of August, 2002, it is hereby ORDERED that the Rules for Review of Attorneys= Fee Petitions and Other Compromises by Representative Claimants, Minor Claimants and Other Claimants, attached as Exhibit A, ar APPROVED. | | 08/19/02 | 2581 | Re: Micheline Bargiorno, et al., v. American Home Products (01-20065) AND NOW, this 19th day of August, 2002, is is hereby ORDERED that the motion of plaintiff Shirley Bush to substitute counsel (Doc. No. 203111) is GRANTED. Carlos Prieto, esquire, of the law firm of Robinson, Calcagnie & Robinson, 620 Newport Ctr. Dr., Newport Beach, CA 92660, is SUBSTITUTED as counsel of record in this matter for Jonathan B. Andry, Esquire, of The Andry Law Firm, and Glen Lerner, Esquire, of Glen Lerner and Associates. | | 08/19/02 | 2582 | Re: Jabie Abercrombie v. Advanced Medical Weithg Loss Center, Inc., et al. (01-20102) AND NOW, this 19th day of August, 2002, it is hereby ORDERED that the motion of plaintiffs Patricia Rahman, Erma Gray, Cecil McGee and Joan Spair to substitute counsel (Doc. No. 203112) is GRANTED. Carlos Prieto, esquire, of the law firm of Robinson, Calcagnie & Robinson, 620 Newport Ctr. Dr., Newport Beach, CA 92660, is SUBSTITUTED as counsel of record in this matter for Jonathan B. Andry, esquire, of The Andry Law Firm, and Glen Lerner, Esquire, of Glen Lerner & Associates. | | 08/20/02 | 2583 | AND NOW, this 20th day of August, 2002, it is hereby ORDERED that the motion of the Pattison Objectors for costs and fees pursuant to 28 U.S.C. 1927 (Doc. No. 203077) is DENIED. The actions of Class Counsel were not in bad faith and did not constitute intentional misconduct. Lasalle Nat=l Bank v. First Conn. Holding Group, 287 F.3d 279, 288 (3d Cir. 2002). | | 08/20/02 | 2584 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 20th day of August, 2002, it is hereby ORDERED that: (1) the motion for enlargement of time to file response to Wyeth=s motion pursuant to PTO No. 2383 as to Class Member Dorothy A. Newell (Doc. No. 203087) is DENIED as moot; and (2) the motion for enlargement of time to file response to Wyeth=s motion pursuant to PTO No. 2383 as to Class Member Nancy Kirk (Doc. No. 203088) is DENIED as moot. | | 08/21/02 | 2585 | Re: Jabie Abercrombie v. Advanced Medical Weight Loss, Center, Inc., et al. (01-20102) AND NOW, this 21st day of August, 2002, it is hereby ORDERED that the motion of plaintiffs to remand (Doc. No. 202506) is DENIED. The motion to remand is denied because only nondiverse defendants in this action, 12 Nevada diet centers (Adiet center defendants@), are fraudulently joined. See Boyer v. Snap-on Tools Corp., 913 F. 3d 108, 111 (3d Cir. 1990); McCabe v. General Foods Corp., 811 F. 2d 1336, 1339 (9th Cir. 1987). Plaintiffs= six count complaint purports to allege a claim against the diet center defendants only in Count II, the strict product liability count. While the complaint alleges that the deit center defendants engated in the business of distributing and selling Pondimin and/or Redux, it fails to allge that any of the plaintiffs actually bought or took any pondimin and/or Redux sold, supplied, or prescribed by any of the specific diet center defendants named in the complaint. Since there is no allegationthe diet center defndants were in the chain of distribution from manufacturer to plaintiffs, the complaint fails to state a strict products liability claim under Nevada law against the diet center defendants. See Heredia v. Johnson, 827 F. Supp. 1522; 1524 (D. Nev. 1993). On the present record, Athere is no reasonable basis in fact or colorable ground supporting the claim against@ the diet center defendants. Boyer, 913 F. 2d at 111 (quotation omitted). | | 08/22/02 | 2586 | Re: Marlee A. Siewert v. AHP (01-20164) AND NOW, this 22nd day of August,m 2002, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to all named Defendants, with each party to bear its own costs and counsel fees. Notwithstanding the foregoing, Plaintiffs shall be permitted to apply for and to receive any benefits which the Plaintiffs may be entitled pursuant to the terms of the Nationwide Class Action Settlement Agreement with American Home Products Corporation. This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, thoseDefendants being American Home Products Corporation and Wyeth-Ayerst Laboratories (collectively AWyeth Defendants@). | | 08/23/02 | 2587 | Re: all actions FILED UNDER SEAL | | 08/28/02 | 2588 | Re: Sandra Anderson, Latrell Ashley & Tanya Sherelle Castal v. AHP (01-20182, 02-20098, 02-20107) AND NOW, this 28th day of August, 2002, uon further consideration, it is hereby ORDERED that Memorandum and Pretrial Order No. 2567, dated August, 13, 2002 is AMENDED to delete the words Aif not lack of candor@ from page 11, line 8. | | 08/30/02 | 2589 | This Order will govern the resolution of all remaining discovery issues in MDL 1203 cases in whicy Wyeth remains as an active defendant, and with Discovery Initiation Dates (ADIDs@) of December 1, 2002 through November 1, 2002 (hereinafter referred to as ACategory Three@). Pursuant to Pretrial Order Nos. 417 and 1467, and any amendments thereto, the parties are required to complete fact and expert discovery in accordance eith the deadlines established by the Court. All of the discovery deadlines for cases in Category Three have expired. The Special Discoveyr Master has infomred the Court that there are numerous cases in Category Three that should either be marked Aclosed@ on the docket or remanded to the appropriate transferor courts. Further, the Special Discovery Master has reported to the Court that the parties have reviewed all Category Three cases and have deteremined that the Plaintiffs whose cases are listed in Exhibit A to this Order have not settled or dismissed their claim. | | 08/30/02 | 2590 | Re: All cases listed on Exhibit A AND NOW TO WIT: This 30th day of August, 2002, it having been reported that plaintiffs in the listed actions have not opted out of the Nationwide Class Action Settlement Agreement with American Home Products Corporation (the ASettlement Agreement@), and do not intend to presecute their respective actions against any named defendants which have not been released pursuant to that Settlement Agreement, upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to the Settlement Agreement and the agreement of counsel, the civil actions listed on Exhibit A hereto are DISMISSED with prejudice and without costs as to all nemaed Defendants. Notwithstanding the foregoing, this Order shall not affect any rights to which the plaintiffs in the listed civil actions may be entitled pursuant to the Settlement Agreement. | | 09/05/02 | 2591 | Re: Mary Louise and Ernest Wright v. AHP (98-20737) AND NOW, this 5th day of September, 2002, upon consideration of Plaintiff=s Motion to Amend Pretrial Order No. 2550, it is hereby ORDERED that the dismissal of the above action pursuant to Pretrial Order No. 2550 shall not affect any right that Plaintiffs may have to apply for any benefits to which they may be entitled under the Nationwide Settlement Agreement with American Home Products Corporation. | | 09/05/02 | 2592 | Re: Sandra Anderson v. AHP (01-20182) WHEREAS, Defendant Wyeth, formerly known as AHP, removed the intervention of plaintiff Audrict Sherrie Age and 49 other plaintiff in the Anderson action (the AAge Intervention@) to federal court asserting, inter alia, that such removal is justified 1) under the All Writs Act because intervenors have violated the terms of the Nationwide Class Action Settlement Agreement with AHP (the ASettlement Agreement@); and 2) pursuant to the federal courts= diversity jurisdiction; and WHEREAS, the intervenors dispute Wyeth=s removal and have moved to remand the Age Intervention to state court, and that motion and Wyeth=s opposition thereto is currently pending before this court; WHEREAS, Wyeth and intervenors have engaged in discussions regarding intervenors= compliance with the Settlement Agreement and have reacehed an agreement to resolv cerain of the issues regarding such compliance, to the extent that such issues could be resolved through negotiation; | | 09/10/02 | 2593 | Re: Sheila Brown v. AHP (claimant Charlyn Frazee (99-20593) The Court has received the Application for Issuance of an Order to Show Casue (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim Charlyn Frazee (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this mater is referred to the Special Master for further proceedings. The court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation From completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 09/10/02 | 2594 | Re: Sheila Brown v. AHP (claimant Judy Hilmas)(99-20593) The Court has received the Application for Issuance of an Order to Show Casue (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim Judy Hilmas (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this mater is referred to the Special Master for further proceedings. The court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation From completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 09/10/02 | 2595 | Re: Sheila Brown v. AHP (claimant Andrea Buchanon) (99-20593) The Court has received the Application for Issuance of an Order to Show Casue (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim Andrea Buchanon (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this mater is referred to the Special Master for further proceedings. The court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation From completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 09/10/02 | 2596 | Re: Sheila Brown v. AHP (claimant Michelle Crawford) (99-20593) The Court has received the Application for Issuance of an Order to Show Casue (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim Michelle Crawford (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. | | 09/10/02 | 2597 | Re: Sheila Brown v. AHP (claimant Brenda Lloyd) (99-20593) The Court has received the Application for Issuance of an Order to Show Casue (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim Brenda Lloyd (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this mater is referred to the Special Master for further proceedings. The court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation From completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File |
|
| 09/10/02 | 2598 | AND NOW, TO WIT, this 10th day of September, 2002, upon consideration of the Fourth Application by Special Master for Interim Compensation and Reimbursement of Expenses Relating to PTO No. 2383 (07/01/02 through 07/31/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that Wyeth reimburse the Special Master for disbursements and compensation for legal fees in the amount of $8,618.13 for the period from disbursements and compensation for legal fees in the amount of $8,618.13 for the period from 07/01/02 through 07/31/02, in accordance with the procedure established by the Court. | | 09/10/02 | 2599 | AND NOW, TO WIT, this 10th day of September, 2002, upon consideration of the Twentieth Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (07/01/02 through 07/31/02), IT IS HEREBY ODERED that the Application is hereby GRANTED and it is directed that AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $29,413.89 for the period from 07/01/02 through 07/31/02, in accordance with the procedure established by the Court. | | 09/11/02 | 2600 | Re: All Actions AND NOW, this 11th day of September, 2002, the court having recieved and reviewed the atached proposed Pretrial Order with regard to the submision of Pre-Discovery Status Reports in MDL No. 1203, it is hereby ORDERED that any comments and/or objections to said Pretrial Order shall be filed with the court on or before September 26, 2002. | | 09/11/02 | 2601 | Re: Jeanne Ware, individually and on behalf of all other Florida residents, similarly situated v. Abana Pharmaceuticals, Inc., et al. (97-2924 CIV-T-24 C) Upon the foregoing Stipulation for Substituon of Counsel, it is: ADJUDGED that the Law Firm of Gaebe, Mullen, Antonio, Esco & DiMatteo, P.A., is hereby substituted for Joseph, Jacks, Miranda & McKeown, P.A., as attorneys of record for the Defendant. ABANA PHARMACEUTICALS, INC., a/k/a JONES PHARMA, INCORPORATED, in the above-styled cause. ADJUDGED that Joseph, Jacks, Miranda & McKeown, P.A. is hereby relieved of any furhter responsibility or obligation insofar as this matter is concerned. ORDERED on this 11th day of September, 2002. It is hereby stipulated and agreed to by and between the undersigned that the Law Firm of Gaebe, Mullen, Antonio, esco & DiMatteo, P.A., be substitued for Joseph, Jacks, Miranda & Mckeown, P.A. as counsel for the Defendant, ABANA PHARMACEUTICALS, INC., a/k/a JONES PHARMA, INCORPORATED, in the above styled case. | | 09/16/02 | 2602 | Re: Sheila Brown, et al. V. AHP (99-20593) AND NOW, this 16th day of September, 2002, upon consideration of the request in the attached letter dated September 12, 2002 from David S. Shrager, Esquire, counsel to Petroff & Associates, the Bertram Law Firm and the Popham Law Frim, it is hereby ORDERED that Mr. Shrager, on behalf said law firms may file and serve a bief in the matter before the court concerning matrix claims submitted to the AHP Settlement Trust by Hariton & D=Angelo, LLP and Napoli, Kaiser, Bern and Associates. Such brief shall be filed and served no later than September 30, 2002 and shall not exceed ten pages in length. | | 09/16/02 | 2603 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 16th day of September, 2002, after a six day hearing concerning the propriety of certain Matrix Claims submitted for payment to the AHP Settlement Trust (ATrust@) and in order to maintain the status quo until the Court can decide the matter (which the Couirt expects to do as promplty as possible), it is hereby ORDRED that said Trust shall temporairly suspend payments with respect to (1) any Matrix Claims that either Hariton & D=Angelo, LLP or Napoli, Kaiswer, Bern & Associates, LLP have submitted to the said Trust and (2) any Matrix Claims involving echocardiograms interpreted by Linda Crouse, M.D. or by Ricahrd L. Mueller, M.D. unless (1) the Trust determines that the class member for whom the Matrix Claim was submitted has the medical conditions necessary for eligibility for Matrix Compensation Benefits under the Settlement Agreement or (2) the court directs otherwise. | | 09/16/02 | 2604 | Order Authorizing AHP Settlement Trust to Entere Into Second Amendment to Sublease for Additional Office and Storage Space AND NOW, this 16th day of September , 2002, upon consideraton of the attached form of this Second Amandment to Sublease between Mellon Bank, N.A. (ALandlord@) and AHP Settlement Trust (ATenant@) (Athe Sublease Agreement@); and the Court having been advised that the terms of the attached form of Sublease Agreement have been reviewed by the Board of Trustees appointed by this Court, that the Trust is in need of additional space in which to perform its operations; that the terms of the Sublease Agreement were neotiated at arms= length; that the Board of Trustees has reolved to enter into a sublease for additional office space on the terms set forth in the attached form of Sublease Agreement; and that the Parties have no objection to entry of this Order; it is hereby ORDERED that the Trust may enter into an Amendment to Sublease on the terms that are set forth in the Second Amendement to Sublease Agreement that is attached hereto. | | 09/17/02 | 2605 | Re: All Actions AND NOW, TO WIT, this 17th day of September, 2002, upon consideraon of the Fourth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses Relating to Petitions for Awards of Attorneys= Fees and Reimbursement of Litigation Expenses (07/01/02 through 07/31/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is driected that Special Discvoery Master shall be reimbursed out of the MDL 1203 Fee and Cost Account for disbursements and compensation for legal fees in the amount of $15,335.10 for the period from 07/01/02 through 07/31/02, in accordance with the procedure established by the Court. | | 09/17/02 | 2606 | Re: All Actions AND NOW, TO WIT, this 17th day of September, 2002, upon consideration of the Fifty-Second application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses (07/01/02 through 07/31/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Special Discovery Master for disbursements and compensation for legal fees in the amount of $36,631.40 for the period from 07/01/02 through 07/31/02, in accordance with the procedure established by the Court. | | 09/17/02 | 2607 | Re: All Actions FILED UNDER SEAL | | 09/18/02 | 2608 | Re: Darlene Ridgeway v. Wyeth, AHP, Wyeth Pharm. (02-20166) Based upon the stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that plaintiff Darlene Ridgeway=s Complaint against defendants in the above-captioned mater, be and hereby is didmissed, each party to bear its own costs and attorneys= fees. As provided in Section VIII.C.5 of the Nationwide Class Action Settlement Agreement, as amended, in the proceedings known as in re Diet Drugs Products Liability Litigation, MDL Docket NO. 1203 (E.D.Pa.) Dated November 18, 1999 (AClass Settlement@), this dismissal is with prejudice with respect to all claims against Wyeth, Wyeth Pharmaceuticals and AReleased Parties,@ as those terms are defined in Sections I.5, 48 of the Class Settlement; provided, however, that this Order shall not diminish, abridge, prevent or otherwse affect any rights to which plaintiff may be entitled pursuant to the Class Settlement, including any opt-out rights (as provided in Sections IV.D.3-4 of the Class Settlement). This dismissal is without prejudice with respect to any defendant that does not fall within the definition of AReleased Parties,@ as that term is defined in Section I.48 of the Class Settlement; provided, however, that this Order shall not diminish, abridge, prevent or otherwise affect any rights to which plaintiff may be entitled pursuant to the Class Settlement, including opt-out rights (as provided in Section IV.D.3-4 of the Class Settlement). | | 09/19/02 | 2609 | Re: Cecelia D. Dennstead v. AHP (02-20153) AND NOW, this 19th day of September, 2002, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to all named Defendants, with each party to bear its own costs and counsel fees. Notwithstanding the foregoing, Plaintiff shall be permitted to apply for an to receive any benefits to which the Plaintiff may be entitled pursuant to the terms of the Nationwide Class Action Settlement Agreement with American Home Products Corporation. This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those Defendants being Wyeth, Wyeth Pharmaceuticals Inc. And the Wyeth-Ayerst Laboratories Division of American Home Products Corporation (collectively AWyeth Defendants@). | | 09/19/02 | 2610 | AND NOW, this 19th day of September, 2002, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to all named Defendants, with each party to bear its own costs and counsel fees. Notwithstanding the foregoing, Plaintif shall be permitted to apply for and to receive any benefits to which the Plaintiff may be entitled pursuant to the terms of the Nationwide Class Action Settlement Agreement with American Home Products. This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those Defendants being Wyeth, Wyeth Pharmaceuticals Inc. And the Wyeth-Ayerst Laboratories Division of American Home Products Corporation (collectively AWyeth Defendants@). | | 09/19/02 | 2611 | Re: John J. Dixon (02-20155) AND NOW, this 19th day of September, 2002, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-capteioned case is hereby dismissed with prejudice as to all named Defendants, with each party to bear its own costs and counsel fees. Notwithstanding the foregoing, Plaintiff shall be permitted to apply for and to receive any benefits to which the Plaintiff may be entitled pursuant to the terms of the Nationwide Class Action Settlement Agreement with American Home Products Corporation. The Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those Defendants being Wyeth, Wyeth Pharmaceuticals inc. And the Wyeth-Ayerst Laboratories Division of American Home Products Corporation (collectively AWyeth Defendants@). | | 09/25/02 | 2612 | Re: All Actions FILED UNDER SEAL | | 09/25/02 | 2613 | Re: Sheila Brown v. American Home Products/Claimant Roberta Huebner The Court has received the Application ofr Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Roberta Huebner (AClaimant@), and the Trust=s certificatio nthat its Application was served upon the Claimant. Accordingly, pursuant to the Ploicies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2547, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, withing fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support ist Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation From completed by the Auditing Crdiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 09/25/02 | 2614 | Re: Sheila Brown v. American Home Products/Claimant Erma Skinner The Court has received the Application ofr Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Roberta Huebner (AClaimant@), and the Trust=s certificatio nthat its Application was served upon the Claimant. Accordingly, pursuant to the Ploicies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2547, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, withing fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support ist Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation From completed by the Auditing Crdiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 09/25/02 | 2615 | Re: Sheila Brown v. American Home Products/Claimant Phillip Tuson The Court has received the Application ofr Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Roberta Huebner (AClaimant@), and the Trust=s certificatio nthat its Application was served upon the Claimant. Accordingly, pursuant to the Ploicies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2547, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, withing fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support ist Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation From completed by the Auditing Crdiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 09/25/02 | 2616 | Re: Sheila Brown v. American Home Products/Claimant Lynette Alden The Court has received the Application ofr Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Roberta Huebner (AClaimant@), and the Trust=s certificatio nthat its Application was served upon the Claimant. Accordingly, pursuant to the Ploicies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2547, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, withing fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support ist Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation From completed by the Auditing Crdiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 09/25/02 | 2617 | Re: Sheila Brown v. American Home Products/Claimant Willie Barton The Court has received the Application ofr Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Roberta Huebner (AClaimant@), and the Trust=s certificatio nthat its Application was served upon the Claimant. Accordingly, pursuant to the Ploicies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2547, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. | | 09/25/02 | 2618 | Re: Sheila Brown v. American Home Products/Claimant Helen Manolas The Court has received the Application ofr Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Roberta Huebner (AClaimant@), and the Trust=s certificatio nthat its Application was served upon the Claimant. Accordingly, pursuant to the Ploicies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2547, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. | | 09/25/02 | 2619 | Re: All Actions AND NOW, this 25th day of September, 2002, upon review of the Joint Motion of Wyeth and Class Counsel for an Emergency Stay of Processing Matrix Claims to Tentative and/or Final Determinations filed on September 24, 2002, it is hereby ORDERED that a conference will be held on Wednesday, October 9, 2002at 9:30 a.m. to consider the issues presented in the motion. The conferrence will be held in Courtroom 16A, United States Courthouse, Philadelphia, Pennsylvania. | | 09/30/02 | 2620 | Re: Sheila Brown v. American Home Products (99-20593) AND NOW, this 30th day of September, 2002, upon review of the Motion of the AHP Settlement Trust for Emergency Suspension of Certain Fund A Processing Deadlines filed on September 25, 2002, it is hereby ORDERED that a conference will be held on Wednesday, October 9, 2002 at 9:30 a.m. to consider the issues presented in the motion. The conference will be held in Courtroom 16A, United States Courthouse, Philadelphia, Pennsylvania. | | 10/02/02 | 2621 | Re: Alice Carris v. American Home Products (01-20137) AND NOW TO WIT: This 2nd day of October, 2002, it appearing to the court that the above captioned matter was inadvertently included in those cases dismissed pursuant to Pretrial Order No. 2590, it is hereby ORDERED and Decreed that the above matter is hereby reinstated as an active action as though it had never been dismissed. | | 10/03/02 | 2622 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 3rd day of October, 2002, upon consideration of the joint petition and individual petitions for counsel fees and costs and the objections thereto and for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) an interim award of counsel fees in the amount of $40,000,000 from the Fund A Legal Fee Escrow Account and in the amount of $40,000,000 from the Fund B Legal Fee Escrow Account is APPROVED; | | 10/08/02 | 2623 | Re: Sheila Brown v. American Home Products (99-20593) AND NOW, this 8th day of October, 2002, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the Report and Recommendation No. 1 of the Special Master dated June 3, 2002 is APPROVED; (2) the motion of American Home Products Corporation (now known as Wyeth) to enforce Pretrial Order No. 1415 is GRANTED; and (3) Class members Marlis Ann Barth, Gwen Brookshire, Selena Egunjobi, Nancy Lynn Jones, and Joan Solometo, together with their agents, attorneys, and derivative claimants are ENJOINED from pursuaing and shall promptly DISMISS and lawsuits claiming damages for primary pulmonary hypertension (APPH@) against American Home Products corporation (now known as Wyeth), its subsidiaries or successors without prejudice to the right of these class members to refile such lawsuits if and when they meet the definition of PPH as set forth in the Class Action Settlement Agreement approved in Pretrial Order NO. 1415. | | 10/16/02 | 2624 | Re: All Actions AND NOW October 16, 2002, upon consideration of Plaintiffs= Management Committee=s Motion for Release and Use of Fudns from the MDL 1203 Fee and Cost Account, established by Gregory Miller, Esquire, Escrow Agent, it is hereby ORDERED and DECREED that said Motion is GRANTED and Gregory Miller, Esquire, is directed to make payment on invoices totaling Thirty-Six Thousand Nine Hundred Twenty Dollars and Forty Three Cents ($36,920.43) to the PMC Fen-Phen Litigation Account, by wire transfer using the following routing number: 031-201-457 and account number: 00003378576. | | 10/16/02 | 2625 | Re: Sheila Brown v. American Home Products (99-20593) Wyeth, previously known as AHP Corporation, has moved for enforcement of Pretrial Order (APTO@) No. 1415 which approved the class action settlement in this massive litigation involving the diet drug Afen-phen.@ Specifically, Wyeth seeks to prevent class member Clara Clark from proceeding with certain claims as the plaintiff in a lawsuit pending against it in the District Court of Orange County, Texas, Clark v. Wyeth et al., No. B020182-C. The case was scheduled to go to trial on October 21, 2002. Wyeth contends that she is asking for punitive damages and pursuing a settled claim in violation of the Settlement Agreement. | | 10/16/02 | 2626 | Re: All Actions: AND NOW, this 16th day of October, 2002, it is hereby ORDERED that Decision and Recommendation No. 99 of Special Discovery Master (as to Plaintiff Rubin=s Request to Designate and Additional Case-Specific Expert) is AFFIRMED. It is further hereby ORDERED that Plaintiff=s expert disclosure of Dr. Palevsky be stricken from the record. | | 10/17/02 | 2627 | Re: Sheila Brown v. American Home Products (99-20593) Whether multiple joinder of parties, other than derivative claimants, is permitted under the Settlement agreement approved in Pretrial Order No. (APTO@) 1415 in opt-out cases has been a recurring but undecided question. We have been advised that there are pending a number of state court actions with multiple plaintiffs who have exercised opt-out rights pursuant to the Settlement Agreement. Although initial opt-outs are not part of the settlement, intermediate and back end opt-out plaintiffs remain bound by the terms of the Settlement Agreement. The court entered PTO 2570 asking for briefs on the joinder issue. The court thereafter held oral argument. | | 10/23/02 | 2628 | Filed Under Seal | | 10/23/02 | 2629 | AND NOW, TO WIT, this 23rd day of October, 2002, upon consideration of the Fifty-Third Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses (08/01/02 through 08/31/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Special Discovery Master for disbursements and compensation for legal fees in the amount of $34,674.33 for the period from 08/01/02 through 08/31/02, in accordance with the procedure established by te Court. | | 10/23/02 | 2630 | AND NOW, TO WIT, this 23rd day of October, 2002, upon consideration of the Twenty-Seventh Application by Escrow Agent for Interim Compensation and Reimbursement o Expenses (07/01/02 through 08/31/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Escrow Agent for disbursements and compensation for legal fees in the amount of $966.65 for the period from 07/01/02 through 08/31/02, in accordance with the procedure established by the Court. | | 10/23/02 | 2631 | AND NOW, TO WIT, this 23rd day of October, 2002, upon consideration of the Twenty-First Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (08/01/02 through 08/31/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $42,285.99 for the period from 08/01/02 through 08/31/02, in accordance with the procedure establishbed by the Court. | | 10/23/02 | 2632 | AND NOW, TO WIT, this 23rd day of October, 2002, upon consideration of the Fifth Application by special Master for Interim Compensation and Reimbursement of Expenses Relating to Pretrial Order No. 2383 (08/01/02 through 08/31/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that Wyeth reimburse the Special Master for disbursements and compensation or legal fees in the amount of $9,249.83 for the period from 08/01/02 through 08/31/02, in accordance with the procedure established by the Court. | | 10/23/02 | 2633 | Re: Sabrina Jones v. American Home Products (01-20066) AND NOW, this 23rd day of October, 2002, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees. In the event that Plaintiff re-files any claim or action arising out of the use of Pondimin or Redux, Plaintiff shall name no other party other than Wyeth, formerly known as American Home Products Corporation, or any subsidiary, division, predecessor, successor, or other affiliate thereof. This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those being American Home Products Corporation, Wyeth-Ayerst Laboratories Company, and A.H. Robins Company, Inc.. | | 10/23/02 | 2634 | Re: Linda Walls; et al. v. American Home Products (02-20111) AND NOW, this 23rd day of October, 2002, it is hereby stipulated between Plaintiffs and Wyeth defendants that the Wyeth defendants shall have additional time to and including Thursday, October 31, 2002, in which to serve a response to Plaintiffs= Motion to Amend Complaint. No prior extension have been requested or granted and the present request for and extension is for less than thirty additional days. | | 10/23/02 | 2635 | Re: Curtis Toliver v. Wyeth Ayerst Laboratories Company, et al. (00-20836) AND NOW, this 23rd day of October, 2002, it is hereby ORDERED that the following motions are DENIED as moot: (1) Motion by Defendants to Strike the Expert Report of Dr. Hasson (Doc. No. 202576) (2) Objection and Motion by Plaintiffs to Quash Subpoenas (Doc. No. 202611); and (3) Objection and Motion by Plaintiffs to Quash Subpoenas (Doc. No. 202620). | | 10/23/02 | 2636 | Re: Paulette Riddle v. American Home Products Corporation (98-20580) AND NOW, TO WIT: this 23rd day of October, 2002, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above actions are DISMISSED with prejudice and without costs as to all named Defendants. | | 10/24/02 | 2637 | Re: Billy McNemar and Darrell Sibille v. AHP (02-20101 and 01-20162) WHEREAS, this matter comes before this Honorable Court on Complainants Unopposed Motion for Extension of Time to Respond to Wyeth=s Motion to Enforce PTO 1415 with Respect to Improper Exercise of Opt Out Rights, it is hereby ORDERED that Complainants, Billy McNemar and Darrell Sibille, have until November 11, 2002 to file responsive pleadings to Wyeth=s Motion. | | 10/30/02 | 2638 | Re: Cases listed on Exhibit A AND NOW TO WIT: This 30th day of October, 2002, it having been reported that the plaintiffs listed on Exhibit A hereto have not opted out of the Nationwide Class Action Settlement Agreement with American Home Products Corporation (the ASettlement Agreement@), and do not intend to prosecute their respective claims against any named defendants which have not been released pursuant to that Settlement Agreement, upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby | | 11/05/02 | 2639 | Re: Edna and Isaac Reynolds v. AHP (00-21064) AND NOW TO WIT: This 5th day of November, 2002, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants. | | 11/14/02 | 2640 | Re: Sheila Brown v. American Home Products (99-20593) AND NOW, this 14th day of November, 2002, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the AHP Settlement Trust (ATrust@) shall not pay the claims of the following class members submitted by the law firms of Hariton & D=Angelo, LLP and /or Napoli, Kaiser, Bern & Associates, LLP without prejudice to the right of said claimants to submit new echocardiograms and Green Forms signed by a certifying cardiologist other than Linda J. Crouse, M.D. or Richard L. Mueller, M.D.: James Axford; James Barone; Charline Bergman; Victor Bevilaque; Fritz Blumenbert; Katherine Brandon; Ellen Brownstein; Lashauna Burkett; Judy Butts; Drlene Campbell; Christine Canton; Glenique Carter; Laura Chicchetti; Donald Clark; Mildred Creach; Varnessa Cruse; Christ Cunningham; Girard Curry, Jr.; Renita Dale; Scott Dale; Cathy Darpell; Silvio Dobry; Frank Folsom; Debra Fuller, Peter Gehrt, Gail Gielarowski, Junetta Godwin, Jean Gomes, Patricia Guthrie, Carolyn Hackman, Bridget Hara, Vicky Hill, Brenda Hobeck, Janice Hodge, Patricia Jackson, Maryann James, Cathy Jefferson, Carlya Jones, Mary Kimrey, Sheila Koch, Geralyn Kosofsky, Arlene Kule, Karen Lack, Kathleen Liggett, Josephine Lobuzetta, Ron Lybarger, Cynthia Mallory, Linda Mark, Susan Marr, Louis Martorella, Barbara Meszaros, JoAnn Mina, Prudence Mougis, Carolyn Newman, Jessica Orr, Eugene Paulen, Amy Peters, Sharon Pickett, James Pierce, Michael Piper, Julia Purdy, Cynthia Read, Nncy Richard, Pamela Roberts, John Rodriguez, Joseph Rogers, Rick Ross, Betty Rutherford, Barbara Ryan, James Scaletty, Kathleen Scheve, Cahrles Schoenhair, Maretta Smith, Dorothy Snodgrass, Connie Stogsdill, Evette Vititoe, Brenda Williams, And Gwendolyn Winklbauer; | | 11/14/02 | 2641 | Re: Sheila Brown v. American Home Products (99-20593) AND NOW, this 14th day of November, 2002, it appearing that a violation of New York Disciplinary Rule 7-1098 may have occurred, it is hereby ORDERED that: (1) the AHP Settlement Trust shall promptly forward on behalf of the court to the appropriate disciplinary authorities in the State of New York a copy of the Memorandum and Pretrial Order No. 2640, together with the relevant portions of the record, including exhibits which pertain to the compensation arrangement entered into by the New York law firm of Hariton & D=Angelo, LLP with Richard L. Mueller, M.D; and (2) the firm of Hariton & D=Angelo, LLP shall promptly advise this court of any orders or decisions of said disciplinary authorities or any court with respect thereto. | | 11/14/02 | 2642 | Re: Sheila Brown v. American Home Products (99-20593) AND NOW, this 14th day of November, 2002, upon consideration of the motion by Napoli, Kaiser, Bern & Associates, LLP and Hariton & D=angelo, LLP to stay and/or defer ruling on the application for a preliminary injunction against them pending the outcome of the joint motion for an emergency stay of processing Matrix claims, it is hereby ORDERED that said motion is DENIED. See Memorandum and Pretrial Order No. 2640. | | 11/15/02 | 2643 | Re: Sheila Brown v. American Home Products (99-20593) AND NOW, this 15th day of November, 2002, it appearing that there is a typographical error in Memorandum and Pretrial Order No. 2640, it is hereby ORDERED that Aif@ is substituted for Aof@ in the last paragraph on page 37, at line 7 in he original. | | 11/18/02 | 2644 | Re: Lawrence and Linda Ludwig (98-20601) PRETRIAL ORDER PERMITTING WITHDRAWAL OF FUNDS FROM BLOCKED ACCOUNTS AND DEPOSIT OF SAID FUNDS INTO A NEW BLOCKED ACCOUNTS WITH BALANCES WITHIN THE INSURABLE LIMIT OF THE FDIC The Petition for an Order Permitting Withdrawal of Funds from Blocked Accounts and Deposit of Said funds Into New Blocked Accounts with Balances Within the Inrusable Limit of the FDIC came on regularly for hearing before this Honorable Court. The Court finding that good cause exists for granting the Petition, IT IS ORDERED, ADJUDGED, AND DECREED that: | | 11/19/02 | 2645 | Re: All Cases - FILED UNDER SEAL | | 11/22/02 | 2646 | Re: Burns v. Abana Pharmaceuticals, Inc. (99-20333) AND NOW, this 22nd day of November, 2002, it is hereby ORDERED that the following motions are DENIED as moot: 1. Motion by Defendant American Home Products to Compel Compliance with Subpoena Duces Tecum (Doc. No. 202753): and 2. Motion by Plaintiff to Quash Defendant=s Request of Dr. Harris Busch=s Tax Records (Dcc. No. 303102). |
|
| 11/22/02 | 2647 | AND NOW, TO WIT, this 22nd day of November, 2002, upon consideration of the Fifty-Fourth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses (09/01/02 through 09/30/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Special Discovery Master for disbursements and compensation for legal fees in the amount of $29,688.23 for the period from 09/01/02 through 09/30/02, in accordance with the procedure established by the Court. | | 11/22/02 | 2648 | AND NOW, TO WIT this 22nd day of November, 2002, upon consideration of the Twenty-Eighth Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (09/01/02 through 09/30/02)m IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Escrow Agent for disbursements and compensation for legal fees in the amount of $1,277.19 for the period from 09/01/02 through 09/30/02, in accordance with the procedure established by the Court. | | 11/22/02 | 2649 | AND NOW, TO WIT, this 22nd day of November, 2002, upon consideration of the Twenty-Second Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (09/01/02 through 09/30/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $48,279.30 for the period from 09/01/02 through, in accordance with procedure established by the Court. | | 11/22/02 | 2650 | AND NOW, TO WIT, upon consideration of the Sixth Application by Special Master for Interim Compensation and Reimbursement of Expenses Relating to Pretrial Order No. 2383 (09/01/02 through 09/30/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that Wyeth reimburse the Special Master for disbursements and compensation for legal fees in the amount of $2,784.62 for the period from 09/01/02 through 09/30/02, in accordance with the procedure established by the Court. | | 11/22/02 | 2651 | AND NOW, TO WIT, this 22nd day of November, 2002, upon consideration of the Fifth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses Relating to Petitions for Awards of Attorneys= Fees and Reimbursement of Litigation Expenses (08/01/02 through 09/30/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the Special Discovery Master shall reimburse out of the MDL 1203 Fee and Cost Account for disbursements and compensation for legal fees in the amount of $26,800.44 for the period from 08/01/02 through 09/30/02, in accordance with the procedure established by the Court. | | 11/25/02 | 2652 | Re: Darlene Bollinger v. A.H. Robins and Wyeth (99-20724) AND NOW, this 25th day of November, 2002 it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to all named Defendants, with each party to bear its own costs and counsel fees. This stipulation is filed on behalf of Plaintiff and all defendants who have appeared in the above-captioned matter, those being Wyeth, formerly known American Home Products Corporation, Wyeth-Ayerst Laboratories Division of Wyeth, and A.H. Robins Company, Inc. | | 11/25/02 | 2653 | Re: Betty A. Palmer v. American Home Products Corporation (01-20014) The parties hereto being in agreement as to the voluntary dismissal of all claims of the plaintiff Betty A. Palmer against the defendants, A.H. Robins company Inc., American Home Products Corporation and Wyeth-Ayerst Laboratories Inc., and all parties having been previously notified of the dismissal, and this Court being otherwise sufficiently advised; IT IS HEREBY ORDERED that the complaint of the plaintiff Betty A. Palmer against defendants, A.H. Robins Company, Inc., American Home Products Corporation and Wyeth-Ayerst Laboratories, Inc., be and hereby is dismissed, with prejudice, and each party shall bear its own costs. | | 11/25/02 | 2654 | Re: Sheila Brown v. American Home Products (99-20593) Wyeth has filed a AMotion Relating to its Challenges to Intermediate or Back-End Opt-out Eligibility in State Court Actions.@ Specifically , Wyeth seeks an order interpreting the class action Settlement Agreement to require state courts to determine eligibility for an intermediate opt-out by a class member as soon as practicable and to prohibit them from referring the issue for decision by the jury at trial. In seeking such relief Wyeth cites PTO 1415, which states in relevant part: The Court hereby bars and enjoins all class members who have not, or do not, timely and properly exercise an Initial, intermediate Back-End or Financial Insecurity Opt-Out right from asserting, and/or continuing to prosecute against AHP or any other Released Party any and all Settled Claims which the class member had, has or may have in the future in any federal, state or territorial court. Pretrial Order No. 1415, 7. | | 11/25/02 | 2655 | Re: Emma Lee Boles v. AHP (02-20010) Plaintiff Emma Lee Boles, Administratrix of the Estate of Diane Cross, Deceased, has moved for leave to amend her complaint in action pending in the United States District Court for the Eastern District of Arkansas. Defendant Wyeth has filed a cross-motion to enforce Pretrial Order No. 1415 against the plaintiff, seeking to have her complaint dismissed with prejudice. Diane Cross died on December 31, 1998. On March 21, 2002, her mother, Emma Lee Boles, signed what is called the Pink Form, in which she elected benefits under the Accelerated Implementation Option (AAIO@) of the nationwide class action settlement involving the diet rugs commonly known as fen-phen. Ms. Boles asserted in the Pink Form that her daughter had suffered from valvular heart disease as a result of ingesting these drugs. Wyeth asserts that because she opted for AIO, she is barred from pursuing her lawsuit. | | 11/26/02 | 2656 | Re: Claimant Audrey Deborer - claim no. 183/00 2501179 The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Audrey Deborer (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including (1) a detailed Statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation Form completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 11/26/02 | 2657 | Re: Claimant Codrington Yarde - claim no. 183/00 286248 representative of the estate of Neil Augustus Yarde The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Cordington Yarde (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including (1) a detailed Statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation Form completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 11/26/02 | 2658 | Re: Claimant Geaney Evans - claim no. 183/00 2855849 The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Geaney Evans (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including (1) a detailed Statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation Form completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 11/26/02 | 2659 | Re: Claimant John Chirico - claim no. 183/00 1749555 The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of John Chirico (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including (1) a detailed Statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation Form completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 11/26/02 | 2660 | Re: Claimant Denise Dubose - claim no. 183/00 690479 The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Denise Dubose (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including (1) a detailed Statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation Form completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 11/26/02 | 2661 | Re: Claimant Jennifer Baker - claim no. 183/00 1655034 The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Jennifer Baker (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including (1) a detailed Statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation Form completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 11/26/02 | 2662 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 26th day of November, 2002, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the AHP Settlement Trust (ATrust@) shall audit every claim for matrix leven benefits from Fund B that has not as of the date of this order been paid; and (2) before referring Fund B claims to audit in accordance with this order, the Trust shall hereinafter delete all references to the attesting cardiologist that are contained within the Green Form, the echocardiogram report and other documentation to be submitted to the auditing cardiologist. To the extent that any reference to the attesting cardiologist is contained on an echocardiogram videotape or digital disk and is not otherwise easily removable, the Trust shall be under no obligation to do so. | | 12/03/02 | 2663 | Re: Sheila Brown v. American Home Products (99-20593) AND NOW, this 3rd day of December, 2002, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) except as otherwise provided in paragraph 2, the following deadlines and time periods under the Nationwide Class Action Settlement Agreement, as amended, (the ASettlement Agreement@) with the American Home Products Corporation (now known as Wyeth) for processing claims for benefits payable from Fund A and Fund B as set forth in the Settlement Agreement are hereby suspended as follows: | | 12/03/02 | 2664 | AND NOW, TO WIT, this 3rd day of December, 2002, upon consideration of the Sixth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses Relating to Petitions for Awards of Attorneys= Fees and Reimbursement of Litigation Expenses (10/01/02 through 10/31/02), IT IS HEREBY ordered that the Application is hereby GRANTED and it is directed that Special Discovery Master shall be reimbursed out of the MDL 1203 Fee and Cost Account for disbursements and compensation for legal fees in the amount of $16,075.72 for the period from 10/01/02 through 10/31/02, in accordance with the procedure established by the Court. | | 12/03/02 | 2665 | AND NOW, TO WIT, this 3rd day of December, 2002, upon consideration of the Seventh Application by Special Master for Interim Compensation and Reimbursement of Expenses Relating to Pretrial Order No. 2383 (10/01/02 through 10/31/02), IT IS HEREBY ordered that the Application is hereby GRANTED and it is directed that Wyeth reimburse the Special Master for disbursements and compensation for legal fees in the amount of $7,692.95 for the period from 10/01/02 through 10/31/02, in accordance with the procedure established by the Court. | | 12/03/02 | 2666 | AND NOW, TO WIT, this 3rd day of December, 2002, upon consideration of the Twenty-Third Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (10/01/02 through 10/31/02), IT IS HEREBY ordered that the Application is hereby GRANTED and it is directed that AHP Settlement Trust reimbuse the Special Master for disbursement and compensation for legal fees in the amount of $68,552.92 for the period 10/01/02 through 10/31/02, in accordance with the procedure established by the Court. | | 12/03/02 | 2667 | AND NOW, TO WIT, this 3rd day of December, 2002, upon consideration of the Twenty-Ninth Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (10/01/02 through 10/31/02), IT IS HEREBY ordered that the Application is hereby GRANTED and it is directed that the parties reimburse the Escrow Agent for disbursements and compensation for legal fees in the amount of $2,337.15 for the period from 10/01/02 through 10/31/02, in accordance with the procedure established by the Court. | | 12/03/02 | 2668 | AND NOW, TO WIT, this 3rd day of December, 2002, upon consideration of the Fifty-fifth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses Relating to Petitions for Awards of Attorneys= Fees and Reimbursement of Litigation Expenses (10/01/02 through 10/31/02), IT IS HEREBY ordered that the Application is hereby GRANTED and it is directed that the parties reimburse the special Discovery Master for disbursements and compensation for legal fees in the amount of $35,005.03 for the period from 10/01/02 through 10/31/02, in accordance with the procedure established by the Court. | | 12/03/02 | 2669 | UNDER SEAL - | | 12/05/02 | 2670 | Re: Rosemary Shadrick v. American Home Products (01-20133) AND NOW TO WIT: This 5th day of December, 2002, it having been reported that the issues between te parties in the civil action listed above have been settled, and upon order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants | | 12/09/02 | 2671 | Re: Sheila Brown v. American Home Products (claimant Marilyn Hoffman No. 183/00 3656469) Order to Show Cause Relating to Audited Claim of Marilyn Hoffman The Court has received the Application for Issuance of an Order to show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Marilyn Hoffman (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed Statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation Form completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the trust=s Supporting documentation . If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 12/09/02 | 2672 | Re: Sheila Brown v. American Home Products (claimant Nora Gioia No. 183/00 3621372) Order to Show Cause Relating to Audited Claim of Nora Gioia The Court has received the Application for Issuance of an Order to show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Nora Gioia (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed Statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation Form completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the trust=s Supporting documentation . If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 12/09/02 | 2673 | Re: Sheila Brown v. American Home Products (claimant Linda Miller No. 183/00 3676962) Order to Show Cause Relating to Audited Claim of Linda Miller The Court has received the Application for Issuance of an Order to show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Linda Miller (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed Statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation Form completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the trust=s Supporting documentation . If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 12/09/02 | 2674 | Re: Sheila Brown v. American Home Products (claimant Rose Harris No. 183/00 3562436) Order to Show Cause Relating to Audited Claim of Rose Harris The Court has received the Application for Issuance of an Order to show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Rose Harris (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. | | 12/09/02 | 2675 | Re: Sheila Brown v. American Home Products (claimant Audrey Deborer No. 183/00 2501179) Order to Show Cause Relating to Audited Claim of Audrey Deborer The Court has received the Application for Issuance of an Order to show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Audrey Deborer (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. | | 12/09/02 | 2676 | Re: Sheila Brown v. American Home Products (claimant Ernest Hemple No. 183/00 2232429) Order to Show Cause Relating to Audited Claim of Ernest Hemple The Court has received the Application for Issuance of an Order to show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Ernest Hemple (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed Statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation Form completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the trust=s Supporting documentation . If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 12/10/02 | 2677 | Re: Sheila Brown v. American Home Products (99-20593) AND NOW, this 10th day of December, 2002, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the Joint Motion to Approve and Implement the Revised fifth Amendment to the Nationwide Class Action Settlement with American Home Products is GRANTED; (2) the Revised Fifth Amendment is incorporated into the Settlement Agreement approved by Pretrial order No. 1415; and (3) the class member-claimants= cross-motion for an order extending the screening period through July 3, 2003 for all class members is DENIED. | | 12/11/02 | 2678 | Re: Sheila Brown v. American Home Products (99-20593) AND NOW, this 11th day of December, 2002, upon consideration of the memorandum in opposition to motions of certain Illinois Counsel and Refund Counsel for extensions of time in which to file objections to the Fee and Cost Allocation Committees= (the ACommittee@) Allocation and Payment Plan, it is HEREBY ORDERED that the time for the Committee to file and serve a response to any objections to the Allocation and Payment Plan, as set forth in Pretrial Order No. 2622, 6, shall be extended by one week. | | 12/11/02 | 2679 | Re: Bloom (98-20047), Nourse (98-20377) and Staten (98-20460) v. American Home Products Upon consideration of Motion of Refund Counsel to Extend Time it is this 11th day of December, 2002, hereby ORDERED, that Refund Counsel=s Motion is GRANTED; IT IS FURTHER ORDERED THAT Refund Counsel shall have up to and including December 18, 2002 to respond to the Fee & cost Allocation Committee=s Proposed Plan for Allocation and Payment of the Interim Awards of Counsel Fees and Costs Pursuant to Pretrial Order No. 2622. No further extensions will be granted. | | 12/11/02 | 2680 | Re: Sheila Brown v. American Home Products (99-20593) AND NOW, this 11th day of December, 2002, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motion of Wyeth for expedited consideration is GRANTED; (2) the motion of Wyeth for an injunction to enforce the Nationwide Class Action Settlement Agreement against class member Linda Smart and her counsel, George Fleming, Esquire is GRANTED; and (3) the plaintiff Linda Smart, her agents, attorneys, and derivative claimants are ENJOINED in the case of Smart v. American Home Products Corporation. No. 02-04-40259-cv pending in the District Court of Jim Wells County, Texas, from introducing any evidence or making any statement before or argument to the court or jury related directly or indirectly to (a) punitive, exemplary or multiple damages, however described; and (b) malicious, wanton or other similar conduct of Wyeth, however described. | | 12/11/02 | 2681 | Re: Sheila Brown v. American Home Products (99-20593) AND NOW, this 11th day of December, 2002, it is hereby ORDERED AND ADJUDGED that the Motion of Illinois Class Counsel for Extension of time in which to File Objections to the Fee and Cost Allocation Committee=s Allocation and Payment Plan is GRANTED. IT IS FURTHER ORDERED that any objections by Illinois Class Counsel to the Fee and Cost Allocation Committee=s plan must be filed not later than December 19, 2002. No further Extension will be granted. | | 12/12/02 | 2682 | Re: All Actions UNDER SEAL AND NOW, December 12, 2002, upon consideration of Plaintiffs= Management Committee=s Motion for Release and Use of Funds from the MDL 1203 Fee And Cost Account, it is hereby ORDERED and DECREED that said Motion is GRANTED and Gregory Miller, Esquire, is directed to make payment on invoices totaling Seventy-Seven Thousand Two Hundred Sixty Dollars and Ninety-One Cents ($77,260.91) to the PMC Fen-Phen Litigation Account, by wire transfer using the following routing number: 031-201-457 and account number: 2030000337576. | | 12/12/02 | 2683 | Re: Sheila Brown v. American Home Products (99-20593) Amended Protective Order Concerning Confidential Information of the AHP Settlement Trust This matter comes before the Court pursuant to its continuing exclusive jurisdiction to implement the Nationwide Class Action Settlement Agreement with American Home Products Corporation (known as Wyeth), as amended (the ASettlement Agreement@). Upon consent of the parties and finding good cause to supersede Pretrial order No. 2351 by entering this Order, it is hereby ORDERED, ADJUDGED, and DECREED as follows: | | 12/13/02 | 2684 | Re: Sheila Brown v. American Home Products Corporation (99-20593) STIPULATION FOR EXTENSION OF TIME FOR WYETH TO RESPOND TO MOTION FOR ORDER DETERMINING THAT V.E. DORSEY HAS OPTED OUT OF A CLASS ACTION SETTLEMENT, OR ALTERNATIVELY, FOR ORDER APPROVING SETTLEMENT BY GRANTING LEAVE TO ALLOW V.E. DORSEY TO OPT OUT OUT-OF-TIME It is hereby STIPULATED and AGREED by and between claimants represented by James G. Wilcoxen and defendant Wyeth, through their respective undersigned counsel, that Wyeth shall have an extension of time up to and including fourteen (14) days after Wyeth=s receipt of a file-stamped copy of claimants= motion, with exhibits attached, to respond to the Motion and Brief Order Determining that V.E. Dorsey has Opted out of Class Action Settlement, or, Alternatively, for Order Modifying Order Approving Settlement by granting leave to allow V.E. Dorsey to Opt Out Out-of-Time originally filed on behalf of claimants represented by James G. Wilcoxen without attached exhibits. Defendant Wyeth=s response to the referenced motion is currently due on December 13, 2002. No prior extension has been requested or given in this matter. | | 12/13/02 | 2685 | Re: Sheila Brown and Judith Jahnke v. American Home Products (99-20593 and 00-21023) AND NOW, this 13th day of December, 2002, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motion of plaintiff to opt out of the class settlement is DENIED. Her action was previously DISMISSED pursuant to Pretrial Order No. 1415. | | 12/13/02 | 2686 | Re: All Actions AND NOW, this 13th day of December, 2002, it is hereby ORDERED that the motion of counsel, Daniel E. Becnel, Jr., to continue December 19, 2002 status conference regarding scheduling and procedural matters in reference to Wyeth=s motion to exclude Dr. Shell is GRANTED and the conference is CANCELLED. | | 12/17/02 | 2687 | Re: Sheila Brown & Harry Wakefield v. American Home Products (99-20593 & 02-20164) AND NOW, this 17th day of December, 2002, for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that: (1) the motion of plaintiff to remand this case to the Texas State District Court, the 285th Judicial District, Bexar County, Texas is DENIED; and (2) the motion of plaintiff for leave to file a first amended original petition is DENIED. | | 12/20/02 | 2688 | Re: All Actions AND NOW, this 20th day of December, 2002, the court having considered the attached proposed Refund Plan for the return of one-third of the assessments paid into the MDL 1203 Fee and Cost Account (ARefund Plan@), it is hereby ORDERED that said Refund Plan, attached as Exhibit A is approved. | | 01/02/03 | 2689 | Re: ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF ANGELA JENSEN (99-20593, CLAIM NUMBER 183/00 3678927) The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Angela Jensen (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed Statement of the Case, as described in Section VI.C. of the Audit Procedures: (2) the Attestation From completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures | | 01/02/03 | 2690 | Re: ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF GENE ROSENBERG (99-20593, CLAIM NUMBER 183/00 3528395) The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Gene Rosenberg (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed Statement of the Case, as described in Section VI.C. of the Audit Procedures: (2) the Attestation From completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures | | 01/02/03 | 2691 | Re: ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF MARY GOWDEN(99-20593, CLAIM NUMBER 183/00 3423548) The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Mary Gowden (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed Statement of the Case, as described in Section VI.C. of the Audit Procedures: (2) the Attestation From completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 01/02/03 | 2692 | Re: ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF JOANN S. READ (99-20593, CLAIM NUMBER 183/00 3668456) The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Joann S. Read (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed Statement of the Case, as described in Section VI.C. of the Audit Procedures: (2) the Attestation From completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 01/02/03 | 2693 | Re: ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF NORMA HENDERSON (99-20593, CLAIM NUMBER 183/00 2522530) The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of norma Henderson (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed Statement of the Case, as described in Section VI.C. of the Audit Procedures: (2) the Attestation From completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 01/02/03 | 2694 | Re: All Cases AND NOW, TO WIT, this 2nd day of January, 2003, upon consideration of the Twenty-Fourth Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (11/01/02 through 11/30/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $29,482.94 for the period from 11/01/02 through 11/30/02, in accordance with the procedure established by the Court. | | 01/02/03 | 2695 | Re: All Cases AND NOW, TO WIT, this 2nd day of January, 2003, upon consideration of the Fifty-Sixth Application by Special Discovery Master for interim compensation and reimbursement of expenses (11/01/02 through 11/30/02), IT IS HEREBY ORDERED that the application is hereby GRANTED and it is directed that the parties reimburse the special discovery master for disbursements and compensation for legal fees in the amount of $15,505.75 for the period from 11/1/02 through 11/30/02, in accordance with the procedure established by the court. |
|
| 01/02/03 | 2696 | Re: All Cases AND NOW, TO WIT, this 2nd day of January, 2003, upon consideration of the eighth application by special master for interim compensation and reimbursement of expenses relating to pretrial order no. 2383 (11/01/02 through 11/30/02), IT IS HEREBY ORDERED that the application is hereby GRANTED and it is directed that Wyeth reimburse the special master for disbursements and compensation for legal fees in the amount of $5,240.51 for the period from 11/01/02 through 11/30/02, in accordance with the procedure established by the court. | | 01/02/03 | 2697 | Re: All Cases AND NOW, TO WIT, this 2nd day of January, 2003, upon consideration of the seventh application by special discovery master for interim compensation and reimbursement of expenses relating to petitions for awards of attorneys= fees and reimbursement of litigation expenses (11/01/02 through 11/30/02), IT IS HEREBY ORDERED that the application is hereby GRANTED and it is directed that the special discovery master shall be reimbursed out of the MDL 1203 fee and cost account for disbursements and compensation for legal fees in the amount of $1,147.00 for the period from 11/01/02 through 11/30/02, in accordance with the procedure established by the court. | | 01/02/03 | 2698 | Re: All Cases AND NOW, TO WITH this 2nd day of January, 2003, upon consideration of the thirtieth application by escrow agent for interim compensation and reimbursement of expenses (11/01/02 through 11/30/02), IT IS HEREBY ORDERED that the application is hereby GRANTED and it is directed that the parties reimburse the escrow agent for disbursements and compensation for legal fees in the amount of $34,502.50 for the period from 11/01/02 through 11/30/02, in accordance with the procedure established by the court. | | 01/02/03 | 2699 | Re: ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF DELIA SINGH (99-20593, CLAIM NUMBER 183/00 3577152) The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Delia Singh (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed Statement of the Case, as described in Section VI.C. of the Audit Procedures: (2) the Attestation From completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 01/02/03 | 2700 | Re: All Actions FILED UNDER SEAL | | 01/06/03 | 2701 | Re: Beth Faulhaber, Trustee for the Heirs of Frank Faulhaber (02-20196) IT IS HEREBY STIPULATED and agreed to by Plaintiff Beth Faulhauber, Trustee for the Heirs of Frank Faulhaber, through her undersigned attorney, and Defendant Wyeth that Plaintiff=s claims against the Defendant in the above-captioned lawsuit may be, and hereby are, dismissed without prejudice, without costs to any party, and that a judgment of dismissal without prejudice in the form below may be entered pursuant hereto without further notice. BASED UPON THE FOREGOING STIPULATION, IT IS HEREBY ORDERED that judgement be entered dismissing Plaintiff=s claims against Defendant Wyeth in the above-captioned case without prejudice, without costs to any party. There being no just cause for delay, the clerk is ordered to enter such judgment forthwith. | | 01/06/03 | 2702 | Re: Sheila Brown v. American Home Products Corporation (99-20593) AND NOW, this 6th day of January, 2003, for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that the motion of Dr. Milan Jeckle to enforce the nationwide class action Settlement Agreement approved by the Court in Pretrial Order No. 1415 is DENIED. | | 01/09/03 | 2703 | Re: Sheila Brown v. American Home Products (99-20593) (Order Approving Official Notice of May 3, 2003 Deadline) This matter is before the Court pursuant to its retained jurisdiction to implement the Nationwide Class Action Settlement Agreement under Section VIII.B.1 of the Settlement Agreement and Paragraph 11 of Pretrial Order 1415, which approved the Settlement Agreement. Invoking that jurisdiction, Class Counsel and Wyeth have submitted to the court a proposed form of official notice and related materials to be mailed to class members on the notice list under section VI.B.4 of the settlement agreement. The purpose of this official notice is to advise such class members of the day on which date 2 falls and of other matters under the matrix compensation benefits in the future they must be registered as having mild mitral regurgitation or an FDA Positive Level of valvular regurgitation by Date 2. The submitted materials include: | | 01/10/03 | 2704 | Re: Roger Dale Bennett, Debra Bordelon, Angela Burton, Gala Cameron, Marva Guidry, Verla Guidry, Florence Jessie, Yvonne McCray, billy McNemar, Deaudrey Narcisse, Tami Oliver, Debra Jean Racca, Sandra Sacllan, Darrell Sibille, Bebecca Adcock, Linda Bailey, Margaret Broussard, Arlene Brown-Cutno, Cleo Cage, Essie Coleman, Joan Dionisi, Sharon Fountain (Pelligrini), Shirley Gremillion, Earline Harris, John Link, Linda Morales, Sharon Oti, Mercedes Reinerth, Agatha Townsend, Nadine Blake, Jeanine Breaux, Nadine Citizen, Carolyn Dozier, Bonnie F. Gauthier, Mary Malveaux, Barbara Sharkey and Nora Stokes AND NOW, this 10th day of January, 2003, following a telephone conference with counsel, it is hereby ORDERED that an evidentiary hearing has been scheduled for May 5 through May 7, 2003 to consider Wyeth=s motion to (1) dismiss fourteen intermediate and back-end-opt-out cases where medical eligibility is based on echocardiograms by Dr.William Shell; (2) exclude expert testimony of Dr. Shell in fifteen initial opt-out cases of alleged primary pulmonary hypertension. The hearing will be held in courtroom 16a of the united states courthouse, 601 market street, philadelphia, pa and will commence at 10:00 am on may 5, 2003. | | 01/14/03 | 2705 | FILED UNDER SEAL | | 01/15/03 | 2706 | Re: Synovia Drumgoole v. American Home Products (02-20016) AND NOW TO WIT: This 15th day of January, 2003, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without cots as to all named Defendants. | | 01/15/03 | 2707 | Re: Deborah Hesser v. Wyeth-Ayerst Laboratories, and American Home Products Corporation (01-20173) AND NOW, this 15th day of January, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees. As a condition to this dismissal being without prejudice, the undersigned counsel of record certifies that in the event the above-named plaintiff decides to initiate a future lawsuit against the dismissed Defendants, said Plaintiff shall file such lawsuit only in a United States District Court and will present and plead the claims(s) so that the United States District Court has subject matter jurisdiction under 28 U.S.C. Section 1332. This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those Defendants being American Home Products Corporation and Wyeth-Ayerst Laboratories (collectively AWyeth Defendants). | | 01/15/03 | 2708 | Re: Linda Diane Hitchcock (02-20235) AND NOW, this 15th day of January, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to all named Defendants, for the reason that the Plaintiff, Linda Diane Hitchcock, is a member of the class of Plaintiffs who may be entitled to a portion of a national settlement in this MultiDistirct Litigation and may receive benefits from that settlement in accordance with its terms. Each party herein named shall bear its own costs and counsel fees. This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those being Wyeth, formerly known as American Home Products Corporation, Wyeth-Ayerst Laboratories Division of Wyeth, and A.H. Robins Company, Inc. | | 01/16/03 | 2709 | Re: All Actions - FILED UNDER SEAL | | 01/17/03 | 2710 | Re: Sheila Brown and Rossana Price v. American Home Products (99-20593 & 02-20229) AND NOW, this 17th day of January, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motion of plaintiff Rossana Price to remand this case to the Superior Court of the District of Columbia is GRANTED; (2) this civil action is REMANDED to the Superior Court of the District of Columbia. See 28 U.S.C. 1447(c); and (3) the motion of plaintiff Rossana Price for costs pursuant to 28 U.S.C. 14478 is DENIED | | 01/17/03 | 2711 | Re: Shirley Doss, Denise Baldwin-Collins, Jimmy Collins (02-20013) By agreement of the parties, all claims of Plaintiff Shirley Doss shall be, and the same are hereby dismissed without prejudice. | | 01/21/03 | 2712 | Re: Sheila Brown v. American Home Products (99-20593) The Court, having considered Wyeth=s Motion for Expedited Consideration of Wyeth=s Motion for further Injunction and for Sanctions to Enforce PTO 2625 Against Class Member Clara Clark and Her Counsel (AMotion for Further Injunction@), and having found good and just cause therefore, IT IS HEREBY ORDERED that the Motion to Expedite is GRANTED. IT IF FURTHER ORDERED that (I)Class Member Clara Clark, plaintiff in the action entitled Clara Clark v. Wyeth, et al, Case No. B020182-C, pending in the District Court of Orange County, Texas, shall file and serve by facsimile her response to Wyeth=s Motion for Further Injunction before close of Court on Friday, January 24, 2003; (ii) Wyeth shall file and serve by facsimile any reply before close of Court on Monday, January 27, 2003; and (iii) a hearing on Wyeth=s Motion for Further Injunction shall be held on January 28, 2003, at 2:00 pm. SO ORDERED this 21st day of January, 2003. | | 01/22/03 | 2713 | Re: Sheila Brown and Harry Wakefield v. American Home Products (99-20593 & 02-20164) AND NOW, this 22nd day of January, 2003, it is hereby ORDERED that to motion of defendant Leonel Reyes, Jr., M.D. to dismiss the complaint as to him is GRANTED since he is a fraudulently joined defendant. See memorandum and pretrial order no. 2687 (dec. 17, 2002). | | 01/22/03 | 2714 | Re: Darrie Deramus v. American Home Products (99-20397) AND NOW TO WIT: this 22nd day of January, 2003, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants. | | 01/23/03 | 2715 | Re: William F. Neil, Jr. v. American Home Products (02-20085) STIPULATION OF DISMISSAL WITHOUT PREJUDICE Come now the parties to his action, by and through their counsel of record, and stipulate to the dismissal of this case without prejudice as follows: 1. Plaintiff agrees that if a new case is filed he will file his complaint in federal court, and will fashion any such complaint so that federal jurisdiction Is proper. 2. Plaintiff agrees that this stipulation is binding on him, his heirs, successors, assigns, and personal representatives. 3. A proposed order is attached for the convenience of the court. | | 01/23/03 | 2716 | Re: Denise Baldwin-Collins and Jimmy Collins v. Wyeth-Ayerst Pharmaceuticals, Inc. (02-20013) STIPULATION AND ORDER EXTENDING TIME TO FILE OPPOSITION TO WYETH=S MOTION FOR SUMMARY JUDGMENT AS TO BALDWIN-COLLINS AND COLLINS WHEREAS on December 23, 2003, WYETH filed its Motion for Summary Judgment as to Plaintiffs Denise Baldwin-Collins and Jimmy Collins; WHEREAS the parties, given the close proximity of the filing of this motion to the Christmas holidays, are desirous of extending the briefing schedule; WHEREAS the proposed extension of time is for a period less than 30 days and no prior extensions have been requested or granted. IT IS HEREBY STIPULATED that: 1. Plaintiffs= Opposition to WYETH=s Motion for Summary Judgment shall be filed and served on or before January 31, 2003; 2. WYETH=s Reply shall be filed and serviced on or before February 14, 2003. | | 01/29/03 | 2717 | Re: Sheila Brown v. American Home Products (99-20593) AND NOW, this 29th day of January , 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motion of Wyeth for further injunction and for sanctions to enforce PTO 2625 against class member Clara Clark and her counsel George M. Fleming, Esquire is GRANTED; (2) as a result of civil contempt of this court=s PTO 2625 by plaintiff=s attorney, George M. Fleming, Esquire, plaintiff Clara Clark, her attorney George M. Fleming, Esquire and their agents and attorneys are hereby ENJOINED from commencing the trial of Clark v. Wyeth, no. Bo20182-C, pending in the District Court of Orange County, Texas, unless and until said George M. Fleming, Esquire satisfies this court that he is and will remain in compliance with PTO 2625. Specifically, before they may proceed to trial, George M. Fleming, Esquire must submit and obtain this court=s approval of a statement under oath that he will obey PTO 2625. That statement must declare that with respect to wyeth=s conduct he will not inject into the case any evidence, statement, or argument, directly or indirectly, that connotes more than simple negligence or defective design without fault. The statement must also declare that he will not introduce at the trial any reference to wyeth=s size, financial condition, or worth. He must also include as part of his statement his trial exhibits, witness list, and points for charge; (3) Wyeth shall have seven business days after receipt of Mr. Fleming=s statement to file with this court its position on whether Mr. Fleming=s statement is in compliance with PTO 2526; and (4) Wyeth shall forthwith furnish a copy of this Memorandum and Order to the trial judge in the District Court of Orange County, Texas. | | 01/31/03 | 2718 | Re: Scott Rubin v. American Home Products (00-21122) AND NOW, this 31st day of January, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motion of plaintiff Scott Rubin for voluntary dismissal without prejudice pursuant to Rule 41(a) (2) of the Federal Rules of civil Procedure (#203375) is DENIED; (2) the motion of defendant American Home Products Corporation for summary judgment (#202825) is GRANTED; and (3) judgment is entered in favor of defendants American Home Products Corporation and Interneuron Pharmaceuticals Inc. and against plaintiff Scott Rubin. | | 02/03/03 | 2719 | Re: Bonnie Elaine Thurber Lu and Jeanette Webster v. Wyeth/AHP (02-20147) AND NOW, this 3rd day of February, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that all claims of Plaintiff Jeanette Webster in the above-captioned case are hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees. In the event that Plaintiff Jeanette Webster re-files any claim or action arising out of the use of Pondimin or Redux, Plaintiff shall re-file such claim or action in federal court only. This Stipulation is filed on behalf of Plaintiff Jeanette Webster and all defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth Pharmaceuticals. | | 02/03/03 | 2720 | Re: Karen Lynn Lutz v. Wyeth-Ayerst (98-20692) This matter, having come before the Court on the parties= Stipulation of Dismissal, and the Court having examined said Stipulation and being duly and fully advised in the premises, now ORDERS that Plaintiff=s claim against Defendants is hereby dismissed, with prejudice, against the refiling thereof. SO ORDERED this 3rd day of February, 2003. | | 02/03/03 | 2721 | Re: All Actions UNDER SEAL | | 02/05/03 | 2722 | Re: All Actions AND NOW, TO WIT, this 5th day of February, 2003, upon consideration of the Twenty-Fifth Application by Special Master to the AHP Settlement trust for Interim Compensation and Reimbursement of Expenses (12/01/02 through 12/31/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $26,371.41 for the period from 12/01/02 through 12/31/02, in accordance with the procedure established by the Court. | | 02/05/03 | 2723 | Re: All Actions AND NOW, TO WIT, this 5th day of February, 2003, upon consideration of the Fifty-Seventh Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses (12/01/02 through 12/31/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the Parties reimburse the Special Discovery Master for disbursements and compensation for legal fees in the amount of $12, 472.82 for the period from 12/01/02 through 12/31/02, in accordance with the procedure established by the Court | | 02/05/03 | 2724 | Re: All Actions AND NOW, TO WIT, this 5th day of February, 2003, upon consideration of the Thirty-First Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (12/01/02 through 12/31/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the Parties reimburse the Escrow Agent for disbursements and compensation for legal fees in the amount of $52,769.86 for the period from 12/01/02 through 12/31/02, in accordance with the procedure established by the Court | | 02/05/03 | 2725 | Re: All Actions AND NOW, TO WIT, this 5th day of February, 2003, upon consideration of the Ninth Application by special Master for Interim Compensation and Reimbursement of Expenses relating to Pretrial Order No. 2383 (12/01/02 through 12/31/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that Wyeth reimburse the Special Master for disbursements and compensation for legal fees in the amount of $6,091.62 for the period from 12/01/02 through 12/31/02, in accordance with the procedure established by the Court | | 02/05/03 | 2726 | Re: All Actions UNDER SEAL | | 02/05/03 | 2727 | Re: All Actions AND NOW, TO WIT, this 5th day of February, 2003, upon consideration of the Eighth Application by special Master for Interim Compensation and Reimbursement of Expenses relating to Petitions for Awards of Attorneys= Fees and Reimbursement of Litigation Expenses (12/01/02 through 12/31/02), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the Special Discovery Master shall be reimbursed out of the MDL 1203 Fee and Cost Account for disbursements and compensation for legal fees in the amount of $992.00 for the period 12/01/02 through 12/31/02, in accordance with the procedure established by the Court. | | 02/06/03 | 2728 | Re: Sheila Brown v. American Home Products claimant Patricia Nethercutt claim no. 183/00/2947448 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF PATRICIA NETHERCUTT The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Patricia Nethrcutt (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures | | 02/06/03 | 2729 | Re: Sheila Brown v. American Home Products claimant Ellie Featherstone claim no. 183/00/3690062 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF ELLIE FEATHERSTONE The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Ellie Featherstone (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/06/03 | 2730 | Re: Sheila Brown v. American Home Products claimant Margaret Chamberlain claim no. 183/00/9890219 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF MARGARET CHAMBERLAIN The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Margaret Chamberlain (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/06/03 | 2731 | Re: Sheila Brown v. American Home Products claimant Jessica Mikesell claim no. 183/00/3687704 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF JESSICA MIKESELL The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Jessica Mikesell (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/06/03 | 2732 | Re: Sheila Brown v. American Home Products claimant Cheryl Washington claim no. 183/00/2428316 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF CHERYL WASHINGTON The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Cheryl Washington (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/06/03 | 2733 | Re: Sheila Brown v. American Home Products claimant Kathleen Herington claim no. 183/00/2947448 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF KATHLEEN HERINGTON The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Kathleen Herington (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/06/03 | 2734 | Re: Sheila Brown v. American Home Products claimant Roger Smith claim no. 183/00/8005353 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF ROGER SMITH The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Roger Smith (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures | | 02/06/03 | 2735 | Re: Sheila Brown v. American Home Products claimant Cathy Cormack claim no. 183/00/9888979 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF CATHY CORMACK The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Cathy Cormack (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/06/03 | 2736 | Re: Sheila Brown v. American Home Products claimant Mary Schrodi claim no. 183/00/3252186 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF MARY SCHRODI The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Mary Schrodi (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures | | 02/06/03 | 2737 | Re: Sheila Brown v. American Home Products claimant Julie Greenberg claim no. 183/00/2294940 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF JULIE GREENBERG The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Julie Greenberg (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/06/03 | 2738 | Re: Sheila Brown v. American Home Products claimant Terri Lunn claim no. 183/00/3555018 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF TERRI LUNN The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Terri Lunn (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures | | 02/06/03 | 2739 | Re: Sheila Brown v. American Home Products claimant Jacqueline Barkie claim no. 183/1554534448 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF JACQUELINE BARKIE The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Jacqueline Barkie (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/06/03 | 2740 | Re: Sheila Brown v. American Home Products claimant Maureen Johnson claim no. 183/00/2704070 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF MAUREEN JOHNSON The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Maureen Johnson (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/06/03 | 2741 | Re: Sheila Brown v. American Home Products claimant Rebecca Gable claim no. 183/00/8000141 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF REBECCA GABLE The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Rebecca Gable (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/06/03 | 2742 | Re: Sheila Brown v. American Home Products claimant Sarah Boyle claim no. 183/00/8005693 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF SARAH BOYLE The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Sarah Boyle (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/06/03 | 2743 | Re: Sheila Brown v. American Home Products claimant Jo Ann Crittenden claim no. 183/00/8015576 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF JO ANN CRITTENDEN The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Jo Ann Critenden (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/06/03 | 2744 | Re: Sheila Brown v. American Home Products claimant Debbie LeBoon claim no. 183/00/8017607 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF DEBBIE LEBOON The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Debbie LeBoon (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. |
|
| 02/06/03 | 2745 | Re: Sheila Brown v. American Home Products claimant Amy Martin claim no. 183/008021101 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF AMY MARTIN The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Amy Martin (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/06/03 | 2746 | Re: Sheila Brown v. American Home Products claimant Celestine Jenkins Claim no. 183/00937896 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF CELESTINE JENKINS The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Celestine Jenkins (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/12/03 | 2747 | Re: Sheila Brown v. American Home Products claimant Susan Black claim no. 183/00/288845 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF SUSAN BLACK The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Susan Black (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures | | 02/12/03 | 2748 | Re: Sheila Brown v. American Home Products claimant Jean Vanek claim no. 183/00/8021029 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF JEAN VANEK The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Jane Vanek (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/12/03 | 2749 | Re: Sheila Brown v. American Home Products claimant Shelley Murphy claim no. 183/00/9890673 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF SHELLEY MURPHY The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Shelley Murphy (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/12/03 | 2750 | Re: Sheila Brown v. American Home Products claimant Mary Murphy claim no. 183/00/8005391 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF MARY MURPHY The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Mary Murphy (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/12/03 | 2751 | Re: All Actions FILED UNDER SEAL | | 02/14/03 | 2752 | Re: Sheila Brown v. American Home Products (99-20593) AND NOW, this 14th day of February, 2003, it is hereby ORDERED that the motion of Lisa Pazour to set aside dismissal is DENIED. It is undisputed that Ms. Pazour accepted the Accelerated Implementation Option under the Nationwide Class Action Settlement by signing the so-called Pink Form. As a result, she agreed to dismiss any lawsuit against AHP (now Wyeth) with prejudice and waived any and all intermediate and back-end opt-out rights. See Settlement Agreement IV.D.3.a and IV.D.4.a.(1). The Clerk is directed to mark the case of Lisa Pazour v. Interneuron Pharmaceuticals, Inc., et al., MDL 1203, Civil Action No. 99-20257 as CLOSED. | | 02/19/03 | 2753 | Re: Sheila Brown v. American Home Products claimant Connie Taylor claim no. 183/00/008000527 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF CONNIE TAYLOR The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Connie Taylor (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/19/03 | 2754 | Re: Sheila Brown v. American Home Products claimant Joanne Bloomquist claim no. 183/008008569 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF JOANNE BLOOMQUIST The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Joanne Bloomquist (claimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/19/03 | 2755 | Re: Sheila Brown v. American Home Products claimant Jackie Barney claim no. 183/00/8000231 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF JACKIE BARNEY The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Jackie Barney (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/19/03 | 2756 | Re: Sheila Brown v. American Home Products claimant Gwendolyn Byrd claim no. 183/00/8006918 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF GWENDOLYN BYRD The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Gwendolyn Byrd (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/19/03 | 2757 | Re: Sheila Brown v. American Home Products claimant Marilyn Ware claim no. 183/00/8021147 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF MARILYN WARE The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Marilyn Ware (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/19/03 | 2758 | Re: Sheila Brown v. American Home Products claimant Dalia Gonzales claim no. 183/00/802116 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF DALIA GONZALES The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Dalia Gonzales (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/19/03 | 2759 | Re: Sheila Brown v. American Home Products claimant Dalia Gonzales claim no. 183/00/802116 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF DALIA GONZALES The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Dalia Gonzales (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/19/03 | 2760 | Re: Sheila Brown v. American Home Products claimant Sallie Rowe claim no. 183/00/8020594 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF SALLIE ROWE The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Sallie Rowe (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/19/03 | 2761 | Re: Sheila Brown v. American Home Products claimant Christine Putz claim no. 183/00/8002800 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF CHRISTINE PUTZ The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Christine Putz (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/19/03 | 2762 | Re: Sheila Brown v. American Home Products claimant David Sheets claim no. 183/00/8007241 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIM OF DAVID SHEETS The Court has received the Application for Issuance of an Order to Show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of David Sheets (Aclaimant@), and the trust=s certification that its Application was served upon the Claimant. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@) approved in Pretrial Order No. 2457, it is hereby ORDERED that Claimant must show cause why the relief requested by the Trust should not be granted. It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days o the date of this Order, the trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Atttestation Form completed by the Auditing Cardioogist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted and/or completed by the Auditing Cardiologist; and (5) the Audit file. Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If Claimant fails to file a Response, or if the Claimant requests that Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 02/24/03 | 2763 | Re: Sheila Brown v. American Home Products (99-20593_ AND NOW, this 21st day of February, 2003, the court having received from the AHP Settlement Trust (ATrust@); (1) Proposed Rules for the Audit of Matrix Compensation Claims (AAudit Rules@), attached hereto as Exhibit 1; (2) a proposed Court Approved Procedure regarding Medical Records Relating to Matrix Claims (AMedical Records CAP@), attached hereto as Exhibit 2; and (3) a proposed Court Approved Procedure regarding Credentials of Auditing Cardiologists (ACardiologist Credentials CAP@), attached hereto as Exhibit 3, which is supported by the Declarations of Alan S. Pearlman, M.D. and John M. Dent, M.D., attached hereto as Exhibits 4 and 5 respectively, it is hereby ORDERED that: 1. The Trust shall serve a copy of this Order and its attachments on interested parties. Said service shall be completed by February 26, 2003 and shall include the posting of these documents on the Trust=s and the MDL 1203 web sites. 2. Any objections to the proposed Audit rules, Medical Records CAP and/or Cardiologist Credentials CAP shall be filed and served on or before March 10, 2003. 3. A hearing on objections will be held in March 2003. | | 02/21/03 | 2764 | Re: Sheila Brown v. American Home Products (99-20593) STIPULATION FOR EXTENSION OF TIME FOR WYETH TO REPLY TO RESPONSE IN OPPOSITION TO JOINT MOTION FOR APPROVAL OF THE SIXTH AMENDMENT TO THE NATIONWIDE CLASS ACTION SETTLEMENT AGREEMENT It is hereby STIPULATED and AGREED by and between Class Members represented by Clay and Crow, L.L.P., the Schmdt Firm and McGartland and Borchardt, and Defendant Wyeth, through their respective undersigned counsel, that Wyeth shall have an extension of time up to and including February 24, 2003 to reply to the Response in Opposition to Joint Motion for Approval of the Sixth Amendment of the Nationwide Class Action Settlement Agreement (the AClass Members= Response@), filed on or about February 6, 2003. Wyeth shall serve counsel for Class Members with its reply brief via facsimile by Noon on February 24, 2003. This agreement supersedes the agreed-to filing date of February 20, 2003 for Wyeth=s reply to the Class Members= Response found in the parties= February 4, 2003 Stipulation for Extension of Time for Wyeth to Respond to Motion for Leave to Exercise Intermediate or Back-End Opt-Out Rights and Class Members to Respond to the Joint Motion for Approval of the Sixth Amendment to the Nationwide Class Action Settlement Agreement. The agreed-to filing dates relating to Wyeth=s response and class Members= reply to the Motion for Leave to Exercise Intermediate or Back-End Opt-Out rights set forth in the February 4, 2003 Stipulation are unaffected by the agreement herein. | | 03/03/03 | 2765 | Re: Sheila Brown v. American Home Products (99-20593) AND NOW, this 3rd day of March, 2003, it is hereby ORDERED that the Motion of Certain Class Members for a stay of this Court=s Pretrial Orders 2662 and 2663 pending appeal (Document no. 203488) is DENIED. | | 03/03/03 | 2766 | Re: Lydia Gonzalez, Jo Ann Gorena and Maria I. Smith, Individually and Behalf of All Others Similarly Situated V. Medeva, A.H. Robins and Wyeth-Ayerst (00-20580) Upon consideration of Wyeth=s Unopposed Motion to Vacate Class Certification Order and Wyeth=s Unopposed Motion to Dismiss, the Order Certifying Class entered by the District Court of Hidalgo County on March 22, 2000 is hereby vacated and all claims and allegations relating to and in support of class action certification are hereby stricken from the complaint in the above civil action. The parties having reached a settlement with respect to the remaining claims of the named plaintiffs on an individual basis, it is further ordered that the above-captioned action be dismissed with prejudice and without costs as to all defendants | | 03/03/03 | 2767 | Re: Sheila Brown v. American Home Products (99-20593) AND NOW, this 3rd day of March, 2003, the court having received from the AHP Settlement Trust (ATrust@) a proposed manual for an AAuditing Cardiologist Training Courts,@ it is hereby ORDERED that: 1. The Trust shall post on its website a copy of this Order and the proposed training manual by the close of business on March 3, 2003. The Trust also shall serve this Order on interested parties by the close of business on March 4, 2003. For interested parties who cannot access the Trust=s website, the Trust shall make available a hard copy of these documents. 2. Any objections to the proposed training manual shall be filed and served on or before March 14, 2003. 3. A hearing on objections will be held on March 19, 2003. | | 03/03/03 | 2768 | Re: Dianne Smith v. American Home Products (03-2001) STIPULATION FOR EXTENSION OF TIME FOR WYETH TO RESPOND TO PLAINTIFF=S MOTION TO REMAND It is hereby STIPULATED and AGREED by and between Plaintiff Dianne Smith an Defendant Wyeth, through their respective undersigned counsel, that Wyeth shall have an extension of time up to and including March 10, 2003 to respond to Plaintiff=s Motion to Remand, served by Plaintiff=s counsel by U.S. Mail on February 12, 2003. No prior extension has been requested or given in this matter. | | 03/05/03 | 2769 | Re: Sheila Brown v. American Home Products Corporation (99-20593) for the following claimants: Rhonda Banker (183/00 8018852), Emelina Butt (183/00 2926137), Linda Gail Crow (183/00 8015066), Yllonda Gray (183/00 8002585), Edith Mccollom (183/00 8012230), Melissa Olson (183/00 8005801), Ann Poindexter (183/00 8015818, Gwen Secord (183/00 8013564), Craig Smith (183/00 1290774), Angela Wright (183/00 8013492) ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIMS OF THE ABOVE-REFERENCED CLAIMANTS | | 03/05/03 | 2770 | Re: All Actions AND NOW, TO WITH, this 5th day of March, 2003, upon consideration of the Ninth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses Relating to Petitions for Awards of Attorneys= Fees and Reimbursement of Litigation Expenses (01/01/03 through 01/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the Special Discovery Master shall be reimbursed out of the MDL 1203 Fee and Cost Account for disbursements and compensation for legal fees in the amount of $1,853.40 for the period from 01/01/03 through 01/31/03, in accordance with the procedure established by the Court. | | 03/05/03 | 2771 | Re: All Actions AND NOW, TO WITH, this 5th day of March, 2003, upon consideration of the Tenth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses Relating to Pretrial Order No. 2383 (01/01/03 through 01/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that Wyeth reimburse the special Master for disbursements and compensation for legal fees in the amount of $5,567.03 for the period from 01/01/03 through 01/31/03, in accordance with the procedure established by the Court. | | 03/05/03 | 2772 | Re: All Actions AND NOW, TO WITH, this 5th day of March, 2003, upon consideration of the Twenty-Sixth Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (01/01/03 through 01/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $34,903.46 for the period from 01/01/03 through 01/31/03, in accordance with the procedure established by the Court. | | 03/05/03 | 2773 | Re: All Actions AND NOW, TO WITH, this 5th day of March, 2003, upon consideration of the Thirty-Second Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses Relating to Petitions for Awards of Attorneys= Fees and Reimbursement of Litigation Expenses (01/01/03 through 01/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the Parties reimburse the Escrow Agent for disbursements and compensation for legal fees in the amount of $77,262.15 for the period from 01/01/03 through 01/31/03, in accordance with the procedure established by the Court. | | 03/05/03 | 2774 | Re: All Actions AND NOW, TO WITH, this 5th day of March, 2003, upon consideration of the Fifty-Eighth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses Relating to Petitions for Awards of Attorneys= Fees and Reimbursement of Litigation Expenses (01/01/03 through 01/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Special Discovery Master for disbursements and compensation for legal fees in the amount of $16,472.55 for the period from 01/01/03 through 01/31/03, in accordance with the procedure established by the Court. | | 03/05/03 | 2775 | Re: All Actions UNDER SEAL | | 03/05/03 | 2776 | Re: All Actions UNDER SEAL | | 03/10/03 | 2777 | Re: Sheila Brown v. American Home Products (99-20593) regarding the following claimants: Kathy Brown, Karen Dando, Brenda Edwards, Doris Berkey, Delores Overstreet, Kristi Carrigan, Jeanne Delbarre, Delise Porter, Melinda Fugitt, Lynda Bradbury ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIMS OF THE ABOVE REFERENCED CLAIMANTS The Court has received Applications for issuance of Orders to Show Cause (AApplications@), filed by the AHP Settlement Trust (ATrust@), relating to the audited claims of the above-referenced Claimants. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@), approved in Pretrial Order No. 2457, it is hereby ORDERED that these Claimants must show cause why the Trust=s requests for relief should not be granted. It is further ORDERED that these matters are referred to the Special Master for further proceedings. The Court directs that , within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Applications, including: (1) detailed statements of the case, as described in section vi.c. of the audit procedures; (2) attestation forms completed by auditing cardiologists for these claims: (3) auditing cardiologists= worksheets; (4) any and all other materials submitted to and/or complted by auditing cradiologists; and (5) the audit files. Pursuant to section vi.e. of the audit procedures, claimants may submit responses to the special master within twenty-one (21) days after service of the trust=s supporting documentation. If any claimant fails to file a response, or if any claimant requests the special master to proceed without a response, the special master shall proceed in accordance with the audit procedures. | | 03/12/03 | 2778 | Re: Sheila Brown v. American Home Products (99-20593) AND NOW, this 12th day of March, 2003, for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that: (1) The Joint Motion for approval of the sixth amendment to the Nationwide Class Action Settlement Agreement with American Home Products Corporation is GRANTED; and (2) The sixth amendment, attached hereto as Exhibit A, is incorporated into the Settlement Agreement approved by Pretrial Order No. 1415. | | 03/12/03 | 2779 | Re: All Actions UNDER SEAL | | 03/13/03 | 2780 | Re: Vickie Beyers v. AHP (00-20770) AND NOW TO WIT: this 13th day of March, 2003, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants. | | 03/13/03 | 2781 | Re: All Actions FILED UNDER SEAL | | 03/13/03 | 2782 | Re: Doris Smith v. AHP (02-20207) AND NOW, this 13th day of March, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims of plaintiffs Kenneth Smith, Doris Smith and Henry Williams are hereby dismissed with prejudice as against all defendants, with each party to bear its own costs and counsel fees. This Stipulation is filed on behalf of plaintiffs Kenneth Smith, Doris Smith and Henry Williams and all defendants who have appeared in the above-captioned matter, those being Wyeth (formerly known as AHP) on its own behalf and on behalf of A.H. Robins Company, Inc., Wyeth Pharmaceuticals Inc., on its own behalf and on behalf of AWyeth-Ayerst Laboratories@ EON Labs Mfg., Inc., Indevus Pharmaceuticals, Inc., Eckerd Corporation, George Brook and Dr. Charles D. Borum. | | 03/13/03 | 2783 | Re: Doris Smith v. AHP (02-20207) AND NOW, this 13th day of March, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims of plaintiffs Doris Jackson, and Mary Denise Franklin are hereby dismissed with prejudice as against all defendants, with each party to bear its own costs and counsel fees. This Stipulation is filed on behalf of plaintiffs Doris Jackson and Mary Denise Franklin and all defendants who have appeared in the above-captioned matter, those being Wyeth (formerly known as AHP) on its own behalf and on behalf of A.H. Robins Company, Inc., Wyeth Pharmaceuticals Inc., on its own behalf and on behalf of AWyeth-Ayerst Laboratories@ EON Labs Mfg., Inc., Indevus Pharmaceuticals, Inc., Eckerd Corporation, George Brook and Dr. Charles D. Borum | | 03/13/03 | 2784 | Re: Charles and Connie Cox v. AHP (02-20170) AND NOW, this 13th day of March, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Petition in the above-captioned case is hereby dismissed without prejudice as to the Defendans, with each party to bear its own costs and counsel fees. In the event that Plaintiffs re-file any claim or action arising out of the use of Pondimin or Redux, Plaintiffs shall name no new defendants, nor assert new claims. This Stipulation if filed on behalf of Plaintiffs and the Defendant who has appeared in the above-captioned matter, that being Wyeth. | | 03/13/03 | 2785 | Re: Darlene Taylor v. Wyeth (02-20198) AND NOW, this 13th day of March, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED that any and all claims of Plaintiff Darlene Taylor in the above-captioned case related to Primary Pulmonary Hypertension (PPH) are hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees relating to the dismissal of these claims. Plaintiff does not contend that she currently has PPH; she has submitted an Intermediate Opt-Out (100") form, and intends to pursue at this time only her valvular heart disease (VHD@) claims, as alleged in her complaint. This Stipulation shall affect only Plaintiff=s PPH claims. Plaintiff=s VHD claims remain pending, and Defendants retain the right to assert any and all defenses against those claims to which they may be entitled. Specifically, and not by way of limitation, Defendants retain: (1) the right to challenge Plaintiff=s eligibility to exercise an 100, and (2) the right to assert that some or all of Plaintiff=s remaining claims are barred by the Nationwide Class Action Settlement Agreement. This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth-Pharmaceuticals. | | 03/13/03 | 2786 | Re: Shaunee Davisr v. Wyeth (02-20199) AND NOW, this 13th day of March, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED that any and all claims of Plaintiff Shaunee Davis in the above-captioned case related to Primary Pulmonary Hypertension (PPH) are hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees relating to the dismissal of these claims. Plaintiff does not contend that she currently has PPH; she has submitted an Intermediate Opt-Out (100") form, and intends to pursue at this time only her valvular heart disease (VHD@) claims, as alleged in her complaint. This Stipulation shall affect only Plaintiff=s PPH claims. Plaintiff=s VHD claims remain pending, and Defendants retain the right to assert any and all defenses against those claims to which they may be entitled. Specifically, and not by way of limitation, Defendants retain: (1) the right to challenge Plaintiff=s eligibility to exercise an 100, and (2) the right to assert that some or all of Plaintiff=s remaining claims are barred by the Nationwide Class Action Settlement Agreement. This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth-Pharmaceuticals. | | 03/13/03 | 2787 | Re: Pamela Riding v. Wyeth (02-20202) AND NOW, this 13th day of March, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED that any and all claims of Plaintiff Pamela Riding in the above-captioned case related to Primary Pulmonary Hypertension (PPH) are hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees relating to the dismissal of these claims. Plaintiff does not contend that she currently has PPH; she has submitted an Intermediate Opt-Out (100") form, and intends to pursue at this time only her valvular heart disease (VHD@) claims, as alleged in her complaint. This Stipulation shall affect only Plaintiff=s PPH claims. Plaintiff=s VHD claims remain pending, and Defendants retain the right to assert any and all defenses against those claims to which they may be entitled. Specifically, and not by way of limitation, Defendants retain: (1) the right to challenge Plaintiff=s eligibility to exercise an 100, and (2) the right to assert that some or all of Plaintiff=s remaining claims are barred by the Nationwide Class Action Settlement Agreement. This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth-Pharmaceuticals. | | 03/13/03 | 2788 | Re: Margene Wilson v. Wyeth (02-20201) AND NOW, this 13th day of March, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED that any and all claims of Plaintiff Margene Wilson in the above-captioned case related to Primary Pulmonary Hypertension (PPH) are hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees relating to the dismissal of these claims. Plaintiff does not contend that she currently has PPH; she has submitted an Intermediate Opt-Out (100") form, and intends to pursue at this time only her valvular heart disease (VHD@) claims, as alleged in her complaint. This Stipulation shall affect only Plaintiff=s PPH claims. Plaintiff=s VHD claims remain pending, and Defendants retain the right to assert any and all defenses against those claims to which they may be entitled. Specifically, and not by way of limitation, Defendants retain: (1) the right to challenge Plaintiff=s eligibility to exercise an 100, and (2) the right to assert that some or all of Plaintiff=s remaining claims are barred by the Nationwide Class Action Settlement Agreement. This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth-Pharmaceuticals. | | 03/13/03 | 2789 | Re: Ethyl Jean Sykes v. Wyeth (02-20200) AND NOW, this 13th day of March, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED that any and all claims of Plaintiff Ethyl Jean Sykes in the above-captioned case related to Primary Pulmonary Hypertension (PPH) are hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees relating to the dismissal of these claims. Plaintiff does not contend that she currently has PPH; she has submitted an Intermediate Opt-Out (100") form, and intends to pursue at this time only her valvular heart disease (VHD@) claims, as alleged in her complaint. This Stipulation shall affect only Plaintiff=s PPH claims. Plaintiff=s VHD claims remain pending, and Defendants retain the right to assert any and all defenses against those claims to which they may be entitled. Specifically, and not by way of limitation, Defendants retain: (1) the right to challenge Plaintiff=s eligibility to exercise an 100, and (2) the right to assert that some or all of Plaintiff=s remaining claims are barred by the Nationwide Class Action Settlement Agreement. This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth-Pharmaceuticals. | | 03/13/03 | 2790 | Re: Cynthia D. Montague v. Wyeth (02-20197) AND NOW, this 13th day of March, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED that any and all claims of Plaintiff Cynthia D. Montague in the above-captioned case related to Primary Pulmonary Hypertension (PPH) are hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees relating to the dismissal of these claims. Plaintiff does not contend that she currently has PPH; she has submitted an Intermediate Opt-Out (100") form, and intends to pursue at this time only her valvular heart disease (VHD@) claims, as alleged in her complaint. This Stipulation shall affect only Plaintiff=s PPH claims. Plaintiff=s VHD claims remain pending, and Defendants retain the right to assert any and all defenses against those claims to which they may be entitled. Specifically, and not by way of limitation, Defendants retain: (1) the right to challenge Plaintiff=s eligibility to exercise an 100, and (2) the right to assert that some or all of Plaintiff=s remaining claims are barred by the Nationwide Class Action Settlement Agreement. This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth-Pharmaceuticals. | | 03/13/03 | 2791 | Re: Mary Anne Draney v. Wyeth (02-20249) AND NOW, this 13th day of March, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED that any and all claims of Plaintiff Mary Anne Draney in the above-captioned case related to Primary Pulmonary Hypertension (PPH) are hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees relating to the dismissal of these claims. Plaintiff does not contend that she currently has PPH; she has submitted an Intermediate Opt-Out (100") form, and intends to pursue at this time only her valvular heart disease (VHD@) claims, as alleged in her complaint. This Stipulation shall affect only Plaintiff=s PPH claims. Plaintiff=s VHD claims remain pending, and Defendants retain the right to assert any and all defenses against those claims to which they may be entitled. Specifically, and not by way of limitation, Defendants retain: (1) the right to challenge Plaintiff=s eligibility to exercise an 100, and (2) the right to assert that some or all of Plaintiff=s remaining claims are barred by the Nationwide Class Action Settlement Agreement. This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth-Pharmaceuticals. | | 03/13/03 | 2792 | Re: Sheila Brown v. AHP (99-20593) ORDER GRANTING UNCONTESTED JOINT MOTION FOR APPROVAL OF SUBROGATION SETTLEMENT AGREEMENT AMONG CLASS COUNSEL, WYETH AND CIGNA ENTITIES Pursuant to this Court=s exclusive and continuing jurisdiction to implement the Nationwide Class Action Settlement Agreement with AHP (ASettlement Agreement@), as retained in Section VIII.B.1 of the Settlement Agreement and Paragraph 11 of PTO No. 1415, Class Counsel and certain CIGNA Healthcare entities have submitted to the court an Uncontested Joint Motion for approval of Subrogation Settlement Agreement for the Court=s review. AND NOW, this 13th day of March, 2003, this Court having reviewed the Uncontested Joint Motion for Approval of Subrogation Settlement Agreement, it is hereby ORDERED that the Uncontested Joint Motion for Approval of Subrogation Settlement Agreement is GRANTED and the Subrogation Settlement Agreement (attached as Exhibit A) is approved, and the AHP Settlement Trust is directed to comply with all terms of the Subrogation Settlement Agreement. | | 03/14/03 | 2793 | Re: Sheila Brown v. AHP (99-20593) and Kathy Ashby v. Wyeth (02-20166) AND NOW, this 14th day of March, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motion of Wyeth to enforce PTO 1415 (Document #203489) is GRANTED as to plaintiff class members Kathy Ashby, Diana Bettino, Penny Elmer, Doris Howe, Deborah Johnson, Kathi Johnson, Denise London, Diane Miller, Linda Pitelli, Nancy Simpson, and Patti Young and DENIED as to plaintiff class member Kathryn Evett; and (2) the claims of class members Kathy Ashby, Diana Bettino, Penny Elmer, Doris Howe, Deborah Johnson, Kathi Johnson, Denise London, Diane Miller, Linda Pitelli, Nancy Simpson, and Patti Young are DISMISSED and said class members are ENJOINED from asserting any claims against Wyeth based on PPH unless they can otherwise meet the definition of PPH as set forth in the Settlement Agreement as a result of a change in medical circumstances. |
|
| 03/14/03 | 2794 | Re: Sheila Brown v. AHP (99-20593) and Kathy Ashby v. Wyeth (02-20166) AND NOW, this 14th day of March, 2003, upon consideration of the motion of Beverly Mettes to intervene in Ashby v. Wyeth, pending in the USDC for the EDPA, it is hereby ORDERED that said motion to intervene is DENIED. | | 03/18/03 | 2795 | Re: Sheila Brown v. AHP and Bruce Stern v. Wyeth and Robert G. Blount (99-20593 and 03-20010) AND NOW, this 18th day of March, 2003, it is hereby ORDERED that the motion of plaintiff Bruce Stern to remand this action to the 15th Judicial Circuit in and for Palm Beach County, Florida (Document #203566) is DENIED for the well-stated reasons of judge Kenneth A. Marra of the United States District Court for the Southern District of Florida set forth in the court=s order denying motion for remand dated January 22, 2003 in Stern v. Wyeth and Robert G. Blount, Civ. No. 02-80620-CIV-MARRA (S.D. Fla). | | 03/19/03 | 2796 | Re: All Actions UNDER SEAL | | 03/21/03 | 2797 | Re: All Actions ORDER AUTHORIZING AHP SETTLEMENT TRUST TO AMEND ITS LEASE FOR OFFICE SPACE AT 701-739 MARKET STREET, PHILADELPHIA, PENNSYLVANIA AND NOW, this 21st day of March, 2003, upon consideration of the attached form of Third Amendment to Sublease by and between Mellon Bank, N.A. and the AHP Settlement Trust (the AThird Amendment to Lease Agreement@), and the Court having been advised that the terms of the attached from of Third Amendment to Lease Agreement have been reviewed by the Board of Trustees appointed by this Court; that the terms were negotiated at arms= length; that the Board of Trustees of the AHP Settlement Trust has resolved to enter into an agreement on the terms set forth in the attached form of Third Amendment to Lease Agreement; and that the Parties to the Nationwide Class Action Settlement Agreement with AHP dated November 12, 1999, as amended, have reviewed the terms thereof and take not position on whether they should be approved; it is hereby ORDERED that the Trust may enter into the Third Amendment to Sublease Agreement with Mellon Bank, N.A. relating to the additional 16,806 square feet of rentable space at 701-739 Market Street, Philadelphia, Pennsylvania on the terms set forth in the attached form of Third Amendment to Sublease Agreement. | | 03/21/03 | 2798 | Re: Sheila Brown v. AHP (99-20593) Ruth Bettenhauxen 183/00 1836444, Elaine Berger 183/00 2725828, Ronald Clausen 183/00 1960327, Kevin Elder 183/00 80000184, Chasity Flroence 183/00 8006862, Debra Krug 183/00 8017251, Sandra Martin 183/00 1515022, Annette Nelson 183/00 8006114, Candace Shull 183/00 2690014 and Delores Wilson 183/00 8010506 ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIMS OF THE ABOVE-REFERENCED CLAIMANTS | | 03/21/03 | 2799 | Re: All Actions AND NOW, TO WIT, this 21st day of March, 2003, upon consideration of the Tenth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses Relating to Petitions for Awards of Attorneys= Fees and Reimbursement of Litigation Expenses (02/01/03 through 02/28/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the Special Discovery Master shall be reimbursed out of the MDL 1203 Fee and Cost Account for disbursement and compensation for legal fees in the amount of $621.63 for the period from 02/01/03 through 02/28/03, in accordance with procedure established by the Court. | | 03/21/03 | 2800 | Re: All Actions AND NOW, TO WIT, ths 21st day of March, 2003, upon consideration of the Thirty-Third Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (02/01/03 through 02/28/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Escrow Agent for disbursements and compensation for legal fees in the amount of $47,553.15 for the period from 02/01/03 through 02/28/03, in accordance with the procedure established by the Court. | | 02/21/03 | 2801 | Re: All Actions AND NOW, TO WIT, this 21st day of March, 2003, upon consideration of the Eleventh Application by Special Master for Interim Compensation and Reimbursement of Expenses Relating to PTO NO. 2383 (02/01/03 through 02/28/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that Wyeth reimburse the Special Master for disbursements and compensation for legal fees in the amount of $8,854.09 for the period from 02/01/03 through 02/28/03, in accordance with the procedure established by the Court. | | 02/21/03 | 2802 | Re: Sheila Brown v. AHP (99-20593) Claimant Ernest Hemple (183/00 2232429) And now, this 24th day of March, 2003, upon consideration of the Stipulation between Claimant Ernest Hemple and the AHP Settlement Trust, attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to Show Cause regarding claimant, Ernest Hemple, is discontinued and Pretrial Order No. 2676 is vacated. | | 02/26/03 | 2803 | Re: All Cases on the Attached Exhibit A AND NOW TO WIT: this 26th day of March, 2003, it having been reported that the issues between the parties have been settled with respect to all of the plaintiffs on the attached Exhibit A, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims of all plaintiffs on the attached Exhibit A are DISMISSED with prejudice and without costs as to all named defendants. Dora and Loran Glazier, Sandra Anderson, Georgiana Donlin, Robert Patro, Angela and Charles Gutrick, Lisa and Mark Unfried, Deborah Zivic, Julia R. Madole, Eddie and Wanda Runner, Gayle Petterson, Helen and James Spencer, Sherrie Harless, Gladys Bland, Frances and Tammy Spina | | 02/26/03 | 2804 | Re: All Cases on Exhibit A AND NOW, TO WITH: This 26th day of March, 2003, it having been reported that the plaintiffs listed on Exhibit A hereto have not opted out of the Nationwide Class Action Settlement Agreement with AHP (the ASettlement Agreement@), and do not intend to prosecute their respective claims against any named defendants which have not been released pursuant to that Settlement Agreement, upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to the Settlement Agreement and the agreement of counsel, the claims of the plaintiffs listed on Exhibit A hereto are DISMISSED with prejudice and without costs as to all named Defendants. Notwithstanding the foregoing, this Order shall not affect any rights to which the plaintiffs in the listed civil actions may be entitled pursuant to the Settlement Agreement | | 02/26/03 | 2805 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 26th day of March, 2003, after a hearing to discuss objections to the proposed Court Approved Procedures concerning Medical Records Relating to Matrix Claims, it is hereby ORDERED that said Court Approved Procedure, as further revised by the Court and attached as Exhibit A, is APPROVED as Court Approved Procedure No. 4 | | 02/26/03 | 2806 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 26th day of March, 2003, after a hearing to discuss objections to the proposed Court Approved Procedure concerning Credentials of Auditing Cardiologists, it is hereby ORDERED that said Court Approved Procedure, as further revised by the Court and attached as Exhibit A, is APPROVED as Court Approved Procedure No. 5. | | 02/26/03 | 2807 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 26th day of March, 2003, after a hearing to discuss the objections to the Rules for Audit of Matrix Compensation Claims proposed by the AHP Settlement Trust, it is hereby ORDERED that said Rules, as further revised by the Court and attached as Exhibit A, are APPROVED. | | 03/28/03 | 2808 | Re: Janet Brown v. Wyeth (02-20183) AND NOW, this 28th day of March, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to all named Defendants, with each party to bear its own costs and counsel fees. Notwithstanding the foregoing, this Order shall not affect any right to which Plaintiff may be entitled pursuant to the Nationwide Class Action Settlement Agreement with Wyeth. In the event that Plaintiff re-files any claim or action arising out of the use of Pondimin or Redux, Plaintiff shall present or plead her claim or action such that federal court subject matter jurisdiction attaches and shall re-file her claim or action in federal court only. This Stipulation is filed on behalf of Plaintiff and Wyeth, the only Defendant who has appeared in the above-captioned matter. | | 04/01/03 | 2809 | Re: All Actions AND NOW, TO WIT, this 1st day of April, 2003, upon consideration of the Fifty-Ninth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses (02/01/03 through 02/28/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Special Discovery Master for disbursements and compensation for legal fees in the amount of $10,510.55 for the period from 02/01/03 through 02/28/03, in accordance with the procedure established by the Court. | | 04/01/03 | 2810 | Re: All Actions **FILED UNDER SEAL** | | 04/01/03 | 2811 | Re: all Actions AND NOW, TO WIT, this 1st day of April, 2003, upon consideration of the Twenty-Seventh Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (02/01/03 through 02/28/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $68,072.36 for the period from 02/01/03 through 02/28/03, in accordance with the procedure established by the Court. | | 04/01/03 | 2812 | Re: Ann Fuqua v. Wyeth-Ayerst (02-20212) AND NOW, TO WIT: This 1st day of April, 2003, it having been reported that the claims of Plaintiffs Anna Fuqua, Rodney Waco, and Cheryll Simon have been settled and upon Order of the Court pursuant to the provisions of Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is ORDERED that all claims of Plaintiffs Ann Fuqua, Rodney Waco, and Cheryll Simon are DISMISSED with prejudice as to all named defendants, pursuant to agreement of counsel without costs. | | 04/01/03 | 2813 | Re: H. Latrelle Ashley and Glenda Parks v. Abana Pharmaceuticals (02-20098) AND NOW, TO WIT: This 1st day of April, 2003, it having been reported that the issues between the parties in the above listed action have been settled, and upon order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, the above listed action is DISMISSED with prejudice and without costs as to all named Defendants. | | 04/01/03 | 2814 | Re: Linda Burns v. Abana Pharmaceuticals (99-20333) AND NOW, TO WIT: This 1st day of April, 2003, it having been reported that the issues between the parties in the above listed action have been settled, and upon order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, the above listed action is DISMISSED with prejudice and without costs as to all named Defendants. | | 04/01/03 | 2815 | Re: Sheila Brown v. AHP for the following claimants: Cynthia Hunt, Eileen Johnson, Gay Patterson, Elizabeth Daughtry, Danethel Miller, Audrey Glymphh, Joanne Nelson, Margaret Holland, Senia Johnson, Patricia Clark ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIMS OF THE LISTED CLAIMANTS The Court has received Applications for Issuance of Orders to Show Cause (AApplications@), filed by the AHP Settlement Trust (ATrust@), relating to the audited claims of the above-referenced claimants. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation claims in Audit (AAudit Procedures@), approved in PTO No. 2457, it is hereby ORDERED that the se claimants must show cause why the Trust=s requests for relief should not be granted. It is further ORDERED that these matters are referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this order, the Trust shall swerve upon the Special Master documentation to support its applications, including: (1) detailed statement of the case, as described in section VI.C. of the audit procedures; (2) attestation forms completed by auditing cardiologists for these claimants (3) auditing cardiologists= worksheets; (4) any and all other materials submitted to an/or completed by auditing crdiologists; and (5) the audit files. Pursuant to Section VI.E of the audit procedures, claimants may submit responses to the Special Master within twenty-one (21) days after service of the trust=s supporting documentation. If any claimant fails to file a response, or if any claimant requests the special master to proceed without a response, the special master shall proceed in accordance with the audit procedures | | 04/01/03 | 2816 | Re: Sheena Weidman v. AHP (02-20172) AND NOW, this 1st day of April, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to Interneuron Pharmaceuticals, Inc. and without prejudice as to AHP, with each party to bear its own costs and counsel fees. In the event that Plaintiff re-files any claim or action arising out of the use of Pondimin or Redux, Plaintiff shall name no other party but Wyeth, formerly known as AHP, or its related entities. This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-cptioned matter, those being Interneuron Pharmaceuticals, Inc. and AHP | | 04/01/03 | 2817 | Re: Sandra J. Robertson v. AHP (02-20179) AND NOW, this 1st day of April, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to AHP (now known as Wyeth), the only named Defendant, with each party to bear its own costs and counsel fees. This Stipulation pertains to the above captioned action only and does not affect any rights or benefits to which Plaintiff may be entitled under the Nationwide Settlement Agreement with AHP. | | 04/01/03 | 2818 | Re: Patricia Dotson v. Wyeth (02-20205) AND NOW, this 1st day of April, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice to all defendants, specifically Wyeth, Walgreen Company, Diversified Medical Practices, P.A., and dr. Patricia Salvato, with each party to bear its own costs and counsel fees. This Stipulation pertains to the above captioned action only and does not affect any rights or benefits to which Plaintiff may be entitled under the Nationwide Settlement Agreement with AHP. | | 04/01/03 | 2819 | Re: John and Theresa Bellus v. Wyeth (03-20029) AND NOW, TO WIT, this 1st day of April, 2003, plaintiffs and defendant, having stipulated for the dismissal of plaintiffs John Bellus and Theresa Bellus= claims against defendant Wyeth, f/k/a AHP, with prejudice, pursuant to FED.R.CIV,P. 41 (a)(1)(ii), the Court approves such stipulation and plaintiffs John Bellus and Theresa Bellus= claims against defendant Wyeth f/k/a AHP, are dismissed, with prejudice, each party to bear its own costs. | | 04/01/03 | 2820 | Re: Judy M. Treinin v. AHP (00-20111) AND NOW, TO WIT this 1st day of April, 2003, plaintiff and defendants, having stipulated for the dismissal of plaintiff Judy M. Treinen=s claims against defendants AHP, Wyeth-Ayerst Laboratories Company, and A.H. Robins Company, Incorporated, with prejudice, pursuant to Fed.R.Civ.P. 41(a)(1)(ii), the Court approves such stipulation and plaintiff Judy M. Treinen=s claims against defendants AHP, Wyeth-Ayerst Laboratories Company, and A.H. Robins Company, Incorporated, are dismissed, with prejudice, each party to bear its own costs. | | 04/01/03 | 2821 | Re: Daisy and Edward Lewis v. AHP (03-20007) AND NOW, this 1st day of April, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed as to AHP, now known as Wyeth, and all named Defendants, with each party to bear its own costs and counsel fees. This dismissal shall be without prejudice to Plaintiff=s right to assert a claim against the Wyeth Defendants in the future based on PPH if Plaintiff Daisy Lewis meets the definition of PPH in the Nationwide Class Action Settlement Agreement as a result of a change in medical circumstances. This Stipulation is filed on behalf of all Plaintiffs and Defendants who have appeared in the above-captioned matter. | | 04/01/03 | 2822 | Re: All actions FILED UNDER SEAL | | 04/03/03 | 2823 | Re: All Actions UNDER SEAL | | 04/03/03 | 2824 | Re: All Actions UNDER SEAL | | 04/07/03 | 2825 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 7th day of April, 2003, after a hearing to discuss the objections ot the Auditing Cardiologists Training Course proposed by the AHP Settlement Trust, it is hereby ORDERED that said Training Courts, attached as Exhibit A, is APPROVED with the following redactation: the second paragraph of the frame entitled AReasonable Medical Basis Inquiry.@ | | 04/09/03 | 2826 | Re: Sheila Brown v. AHP (99-20593) for the following claimants: Karen DeWitt, Sandra Morris, Teresa Tubbs, Amy McCormick, Terry Justis, Cindy Sorenson, Sherry Thomas, Carol Sage, Virginia Sage and Diana Weber ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIMS OF THE ABOVE-REFERENCED CLAIMANTS The Court has received Applications for Issuance of Orders to Show Cause (AApplications@), filed by the AHP Settlement Trust (ATrust@), relating to the audited claims of the above-referenced Claimants. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@), approved in Pretrial Order No. 2457, it is hereby ORDERED that these Claimants must show cause why the Trust=s requests for relief should not be granted. | | 04/08/03 | 2827 | Re: All Actions UNDER SEAL | | 04/08/03 | 2828 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 8th day of April, 2003, for the reasons set forth in the accompanying Memorandum it is hereby ORDERED that: (1) Pretrial Order No. 2625 and Pretrial Order No. 2717 are VACATED; (2) the Plaintiff Clara Clark, her agents, attorneys, and derivative claimants are ENJOINED in the case of Clark v. Wyeth et al., No. B020182-C, pending in the District Court of Orange County, Texas, from introducing any evidence, making any statement before or argument to the court or jury, related directly or indirectly to: | | 04/09/03 | 2829 | Re: All Actions FILED UNDER SEAL | | 04/09/03 | 2830 | Re: Sheila Brown and Harry Wakefield v. AHP (99-20593 and 02-20164) AND NOW, this 9th day of April, 2003, it is hereby ORDERED that the motion of defendant Wyeth for summary judgment (document no. 203581) is DENIED without prejudice. The issue raised by the motion is not one of general applicability to the MDL cases presently before this court. Once discovery is completed, it is our intention to suggest to the MDL panel that this action be returned to the transferor court for further proceedings, including a ruling on any renewal of the motion for summary judgment. | | 04/10/03 | 2831 | Re: Roger Dale Bennett (02-20190), Debra Bordelon (02-20009), Angela Burton (01-20161), Gala Cameron (02-20247), Marva Guidry (02-20006), Verly Guidry (02-20088), Florence Jessie (01-20147), Yvonne McCray (02-20161), Billy McNemar (02-20101), Deaudrey Narcisse (02-20101), Tami Oliver (02-1827), Debra Jean Racca (02-1835), Sandra Scallan (02-20191), Darrell Sibille (01-20162), Rebecca Adcock (01-20127), Linda Bailey (01-210127), Margaret Broussard (01-20127), Arlene Brown-Cutno (99-20079), Cleo Cage (01-20127), Essie Coleman (99-20079), Joan Dionisi (99-20079), Sharon Fountain (01-20127), Shirley Gremillion (01-20127), Earlene Harris (99-20079), John Link (99-20079), Linda Morales (01-20127), Sharon Oti (01-20127), Mercedes Reinerth (01-20127), Agatha Townsend (01-20127), Nadine Blake (02-20158), Jeanine Breaux (02-20177), Nadine Citizen (02-20171), Bonnie F. Gauthier (02-20159), Mary Malveaux (02-20192), Mary Shrkey 02-1286), Nora Stokes (02-20189) AND NOW, this 10th day of April, 2003, it is hereby ORDERED that the evidentiary hearing to consider Wyeth=s motion to: (1) dismiss fourteen intermediate and back-end opt-out cases where medical eligibility is based on echocardiograms by Dr. William Shell; (2) exclude expert testimony of Dr. Shell in fifteen initial opt-out cases; and (3) exclude Dr. Shell=s echocardiograms in eight cases of alleged primary pulmonary hypertension (see pretrial order no. 2704) has been rescheduled for May 6 through May 8, 2003. The hearing will be held in Courtroom 16A of the Untied States Courthouse, 601 Market Street, Philadelphia, Pennsylvania. It will commence at 10:00 a.m. on May 6, 2003. | | 04/10/03 | 2832 | Re: Shirley Doss, Denice Baldwin-Collins, Jimmy Collins, Charlene Clark and James Clark v. Wyeth-Ayerst (02-20013) AND NOW, this 10th day of April, 2003, it is hereby ORDERED that the motion of defendant Wyeth for summary judgment as to plaintiffs Denice Baldwin-Collins and Jimmy Collins (Documents 203487) is DENIED without prejudice. This issues raised by the motion are not of general applicability to the MDL cases presently before this court. Once we are advised by the parties that discovery has been cmpleted, it is our intention to suggest to the MDL panel that this action has been completed, it is our intention to suggest to the MDL panel that this action be returned to the transferor court for further proceedings, including a ruling on any renewal of the motion for summary judgment. | | 04/11/03 | 2833 | Re: Sheila Brown v. AHP and Linda Walls V. Wyeth-Ayerst (99-20593 and 02-20111) STIPULATION FOR EXTENSION OF TIME FOR PLAINTIFFS TO RESPOND TO WYETH=S MOTION TO DISMISS CERATIN CLAIMS OF CLASS MEMBERS It is hereby STIPULATED and AGREED by and between class members Linda Walls, Angela Claiborne, Mable Donald, Fellecchia Epps, Janie Harris, Jacqueline Johnson, Gwenevere Williams and Valrie Wilson and Defendant Wyeth, through their respective undersigned counsel, that plaintiffs shall have an extension of time up to and including April 14, 2003 to respond to Wyeth=s Motion to Dismiss Certain Claims of Class Members Linda Walls, Angela Claiborne, Mable Donald, Fellecchia Epps, Janie Harris, Jacqueline Johnson, Gwenevere Williams and Valrie Wilson, filed on or about March 19, 2003. This extension is for a period of less than thirty (30) days. No prior extension has been requested or given in this matter. | | 04/15/03 | 2834 | RE: Sheila Brown v. AHP (99-20593) for the following claimants: Maggie Pillow, Candace Bishop, Meredith Dietz, Cheryl hines, Ruthlene Kinsey, Kellie Roring, Donna Rust, Yasmine Ghering, Diane Barlow and Priscilla Shannon ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIMS OF THE ABOVE-REFERENCED CLAIMANTS The Court has received Applications for Issuance of Orders to Show Cause (AApplications@), filed by the AHP Settlement Trust (ATrust@), relating to the audited claims of the above-referenced Claimants. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@), approved in Pretrial Order No. 2457, it is hereby ORDERED that these Claimants must show cause why the Trust=s requests for relief should not be granted. It is further ORDERED that these matters are referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the special Master documentation to support its Applications, including: (1) detailed statements of the case, as described in Section VI.C. of the audit procedures; (2) Attestation Forms completed by Auditing Cardiologists for these claims; (3) Auditing Cardiologists= Worksheets; (4) any and all other materials submitted to and/or completed by Auditing Cardiologists; and (5) the Audit Files. Pursuant to Section VI.E. of the Audit Procedures, Claimants may submit Responses to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If any Claimant fails to file a Response, or if any Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 04/23/03 | 2835 | Re: Sheila Brown v. AHP (99-20593) STIPULATION FOR EXTENSION OF TIME FOR WYETH TO RESPOND TO APPEAL OF CLASS MEMBERS PRISCILLA AND RICHARD FARRELL FROM REPORT AND RECOMMENDATION NO. 4 OF SPECIAL MASTER (AS TO MOTION TO ENFORCE PARAGRAPH 7 OF PRETRIAL ORDER NO. 1415 AGAINST PRISCILLA AND RICHARD FARRELL) It is hereby STIPULATED and AGREED by and between Class Members Priscilla and Richard Farrell, represented by Smith Elliott Smith & Garmey, P.A., and Defendant Wyeth, through their respective undersigned counsel, that Wyeth shall have an extension of time up to and including April 28, 2003 to respond to the Appeal of Class Members Priscilla and Richard Farrell from Report and Recommendation No. 4 of Special Master (as to Motion to Enforce Paragraph 7 of Pretrial Order no. 1415 against Priscilla and Richard Farrell), filed on or about March 27, 2003. This extension is for a period of less that thirty (30) days. No prior extension has been requested or given in this matter. | | 04/25/03 | 2836 | Re: Rebecca Adcock (01-20127), Linda Bailey (00-20119), Margaret Broussard (01-20127), Arlene brown-Cutno (99-20079), Cleo Cage (01-20127), Essie Coleman (99-20079), Joan Dionisi (99-20079), Sharon Fountain (Pelligrini) (01-20127), Shirley Gremillion (01-20127), Earline Harris (01-20127), John Link (99-20079), Linda Morales (99-20079), Sharon Oti (99-20079), Mercedes Reinerth (01-20127), Agatha Townsend (01-20127) AND NOW, this 25th day of April, 2003, following a telephone conference with counsel, it is hereby ORDERED that: (1) Pretrial Orders No. 2704 and 2831 are vacated; and (2) in light of unforseen circumstances involving Lynn E. Swanson, Esquire and Daniel E. Becnel, Jr., Esquire, the evidentiary hearing to consider Wyeth=s motion to dismiss fourteen intermediate back-end opt-out cases where medical eligibility is based on echocardiograms by Dr. William Shell, to exclude expert testimony of Dr. Shell in fifteen initial opt-out cases, and to exclude Dr. Shell=s echocardiograms in eight cases of alleged primary pulmonry hypertension will be counted until June 4 and 5, 2003. The hearing will be held in Courtroom 16A of the United States Courthouse, 601 Market Street, Philadelphia, Pennsylvania. It will commence at 9:30 am on June 4, 2003. | | 04/25/03 | 2837 | Re: Roger Dale Bennett, Debra Bordelon, Angela Burton, Gala Cameron, Marva Guidry, Verla Guidry, Florence Jessie, Yvonne mcCray, Billy McNEmar, DeAudrey Narcisse, Tami Oliver, Debra Jean Racca, Sandra Scallan, Darrell Sibille, Nadine Blake, Jeanine Breaux, Barbara Citizen, Caorlyn Dozier, Bonnie F. Gauthier, Mary Malveaux, Barbara Sharkey & Nora Stokes WHEREAS, Wyeth has filed a motion to (1) dismiss fourteen intermediate and beck-end Opt-out cases where medical eligibility is based on echocardiograms by Dr. William Shell (2) exclude expert testimony of Dr. Shell in fifteen initial opt-out cases; and (3) exclude Dr. Shell=s echocardiograms in eight alleged pph cases (AWyeth=s Motion@) | | 04/25/03 | 2838 | Re: Roger Dale Bennett, Debra Brodelon, Gala Cameron, Marva Guidry, Verla Guidry, Florence Jessie, Yvonne McCray, Billy McNemar, Tami Oliver, Debra Jean Racca, Sandra Scallan and Darrell Sibille AND NOW, this 25th day of April, 2003, it is hereby STIPULATED, ORDERED, ADJUDJED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned cases are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees. Plaintiffs Bennett, Bordelon, Racca and Sibille shall have no right to bring any further lawsuit whatsoever against Wyeth. Plaintiffs Carmeron, Marva Guidry, Verla Guidry, Jessie, McCray, McNemar, Oliver, and Scallan shall have no right to bring any further intermediate opt-out lawsuit against Wyeth, however, these plaintiffs may pursue claims as Back-End Opt-Outs if they are entitled to do so pursuant to the terms of the settlement agreement. This stipulation is filed on behalf of plaintiffs and all defendants who have appeared in the above-captioned matter, those being AHP, Wyeth and A. H. Robins. | | 04/30/03 | 2839 | Re: Sheila Brown v. AHP (99-20593) claimants: Sheila Parnther, Mary Mockridge, Sondra Nace, Helen Kirkpatrick, Yolanda Garcia, Cindy Crandall, Nellie McCary, Paulette Player, Fern Price ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIMS OF THE ABOVE-REFERENCED CLAIMANTS The Court has received Applications for Issuance of Orders to Show Cause (AApplications@), filed by the AHP Settlement Trust (ATrust@), relating to the audited claims of the above-referenced Claimants. Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@), approved in Pretrial Order No. 2457, it is hereby ORDERED that these Claimants must show cause why the Trust=s requests for relief should not be granted. | | 05/01/03 | 2840 | Re: Nadine Blake v. AHP (02-1031-A) AND NOW, this 1st day of May, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed as to all named Defendants, with each party to bear its own costs and counsel fees. This dismissal shall be without prejudice to Plaintiff=s right to assert a claim against Wyeth in the future based on PPH if she meets the definition of PPH in the Nationwide Class Action Settlement Agreement as a result of a change in medical circumstances. This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those being AHP, Wyeth-Ayerst, A. H. Robins. | | 05/07/03 | 2841 | Re: Christy Smith-Price claim no. 3615267 Based upon the petition of Charles F. Abbott, attorney for the estate of Christy Smith-Price, deceased, and the derivative claimants, and good cause appearing therefore, it is hereby ordered as follows: That the AHP Settlement Trust shall pay to the Petitioner, Charles F. Abbott, the sum of $186,401.24 plus reimbursement of costs in the amount of $714.76, for a total of $187,116.00, all as set forth in the Tentative Determination Letter of January 31, 2002, which said tentative determination has resulted in a Final Determination consistent therewith. | | 05/07/03 | 2842 | Re: All Actions AND NOW, TO WIT, this 7th day of May, 2003, upon consideration of the Twelfth Application by Special Master for Interim Compensation and Reimbursement of Expenses Relating to Pretrial Order No. 2383 (03/01/03 through 03/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that Wyeth reimburse the Special Master for disbursements and compensation for legal fees in the amount of $6,451.33 for the period from 03/01/03 through 03/31/03, in accordance with the procedure established by the Court. |
|
| 05/07/03 | 2843 | Re: All Actions AND NOW, TO WIT, this 7th day of May, 2003, upon consideration of the Sixtieth Application by Special Master for Interim Compensation and Reimbursement of Expenses (03/01/03 through 03/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Special Master for disbursements and compensation for legal fees in the amount of $17,190.66 for the period from 03/01/03 through 03/31/03, in accordance with the procedure established by the Court. | | 05/07/03 | 2844 | Re: All Actions AND NOW, TO WIT, this 7th day of May, 2003, upon consideration of the Twenty-Eighth Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (03/01/03 through 03/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $85,891.68 for the period from 03/01/03 through 03/31/03, in accordance with the procedure established by the Court. | | 05/07/03 | 2845 | Re: All Actions AND NOW, TO WIT, this 7th day of May, 2003, upon consideration of the Thirty-Fourth Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (03/01/03 through 03/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Special Master for disbursements and compensation for legal fees in the amount of $34,524.77 for the period from 03/01/03 through 03/31/03, in accordance with the procedure established by the Court. | | 05/07/03 | 2846 | Re: All Actions - FILED UNDER SEAL | | 05/07/03 | 2847 | Re: All Actions FILED UNDER SEAL | | 05/07/03 | 2848 | Re: Paula Leathers v. AHP (02-20099) AND NOW TO WIT: This 7th day of May, 2003 it having been reported that the issues between the parties in the above listed action have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, the above listed action is DISMISSED with prejudice and without costs as to all named defendants. | | 05/07/03 | 2849 | Re: Sonia Faye Wolf and Leonard Wolf v. AHP (03-20070) AND NOW TO WIT: This 7th day of May, 2003 it having been reported that the issues between the parties in the above listed action have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, the above listed action is DISMISSED with prejudice and without costs as to all named defendants. | | 05/08/03 | 2850 | Re: Nora Mayes, Marie Janelle Thibodeaux, Aisha Troxclair (03-20025, 02-20012, 02-20162) AND NOW, this 8th day of May, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED AND DECREED pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the complaints in the above-captioned cases are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees. This Stipulation is filed on behalf of Plaintiffs and all Defendants who have appeared in the above-captioned matters. | | 05/08/03 | 2851 | Re: Diane M. Maloney v. AHP (03-20006) WHEREAS, Plaintiff inadvertently named NSI Acquisition, Inc. (but not Nutri/System, L.P.) As a defendant in this matter; and, WHEREAS, Plaintiff did not intend to name either NSI Acquisition, Inc., or Nutri/System, L.P. as a defendant in this matter; NOW THEREFORE, Plaintiff=s counsel and counsel for NSI Acquisition, Inc. and Nutri/System, L.P., agree to dismiss NSI Acquisition, Inc. from this matter. Accordingly, it is hereby stipulated as follows: That pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, and Local Rule 41.1(b) of the U.S. District Court - Eastern District Local Rules of Civil Procedure, and other applicable rules, NSI Acquisition, Inc., inadvertently named as a defendant in this matter, is hereby dismissed from this case with prejudice and without costs. | | 05/08/03 | 2852 | Re: Gail LaPlant v. AHP (02-20113) AND NOW TO WIT: this 8th day of May, 2003, it appearing to the court that the above captioned matter was inadvertently included in those cases dismissed pursuant to Pretrial Order No. 2804, it is hereby ORDERED and DECREED that the above matter is hereby reinstated as an active action as though it had never been dismissed. | | 05/08/03 | 2853 | Re: Irene Saucedo v. Wyeth/AHP (02-20209) On this 8th day of May, 2003 came on to be considered Kroger=s motion to Substitute Counsel. After considering the Motion, the Court finds that it should be GRANTED. It is, therefore, ORDERED, ADJUDGED AND DECREED that David P. Stone of Harline, Dacus, Barger, Dreyer & Kern, L.L.P. is designated as counsel of record for Kroger in the above-entitled and numbered cause, and that Scott W. MacLaren of Gwinn & Roby is permitted to withdraw as counsel of record for Kroger. | | 05/08/03 | 2854 | Re: Sherry Holloway v. Wyeth/AHP (02-20210) On this 8th day of May, 2003 came on to be considered Kroger=s motion to Substitute Counsel. After considering the Motion, the Court finds that it should be GRANTED. It is, therefore, ORDERED, ADJUDGED AND DECREED that David P. Stone of Harline, Dacus, Barger, Dreyer & Kern, L.L.P. is designated as counsel of record for Kroger in the above-entitled and numbered cause, and that Scott W. MacLaren of Gwinn & Roby is permitted to withdraw as counsel of record for Kroger. | | 05/08/03 | 2855 | Re: Freddie Welborn v. Wyeth/AHP (02-20213) On this 8th day of May, 2003 came on to be considered Kroger=s motion to Substitute Counsel. After considering the Motion, the Court finds that it should be GRANTED. It is, therefore, ORDERED, ADJUDGED AND DECREED that David P. Stone of Harline, Dacus, Barger, Dreyer & Kern, L.L.P. is designated as counsel of record for Kroger in the above-entitled and numbered cause, and that Scott W. MacLaren of Gwinn & Roby is permitted to withdraw as counsel of record for Kroger | | 05/08/03 | 2856 | Re: Dana Torres v. Wyeth/AHP (02-20215) On this 8th day of May, 2003 came on to be considered Kroger=s motion to Substitute Counsel. After considering the Motion, the Court finds that it should be GRANTED. It is, therefore, ORDERED, ADJUDGED AND DECREED that David P. Stone of Harline, Dacus, Barger, Dreyer & Kern, L.L.P. is designated as counsel of record for Kroger in the above-entitled and numbered cause, and that Scott W. MacLaren of Gwinn & Roby is permitted to withdraw as counsel of record for Kroger. | | 05/08/03 | 2857 | Re: Joann Griggs v. Wyeth/AHP (02-20216) On this 8th day of May, 2003 came on to be considered Kroger=s motion to Substitute Counsel. After considering the Motion, the Court finds that it should be GRANTED. It is, therefore, ORDERED, ADJUDGED AND DECREED that David P. Stone of Harline, Dacus, Barger, Dreyer & Kern, L.L.P. is designated as counsel of record for Kroger in the above-entitled and numbered cause, and that Scott W. MacLaren of Gwinn & Roby is permitted to withdraw as counsel of record for Kroger. | | 05/08/03 | 2858 | Re: Joann Griggs v. Wyeth/AHP (02-20216) On this 8th day of May, 2003 came on to be considered Brookshire=s motion to Substitute Counsel. After considering the Motion, the Court finds that it should be GRANTED. It is, therefore, ORDERED, ADJUDGED AND DECREED that David P. Stone of Harline, Dacus, Barger, Dreyer & Kern, L.L.P. is designated as counsel of record for Brookshire in the above-entitled and numbered cause, and that Scott W. MacLaren of Gwinn & Roby is permitted to withdraw as counsel of record for Kroger. | | 05/15/03 | 2859 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 15th day of May, 2003, for the reasons stated in the accompanying Memorandum, it is hereby ORDERED that: (1) PTO 2622 is modified to provide for an interim counsel fee award of $153,722,911.25 to be paid as set forth below; (2) the following interim counsel fees are payable, half from Fund A Legal Fee Escrow Account (AFund a@) and half from Fund B Legal Fee Escrow Account (AFund B@); See order for firms and amounts (3) the following interim counsel fees are payable from the MDL 1203 Fee and Cost Account: | | 05/16/03 | 2860 | Re: Karen M. Martin v. AHP (01-20142) AND NOW, this 1st day of April, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to the named Defendant, with each party to bear its own costs and counsel fees. This Stipulation is filed on behalf of Plaintiff and Defendant who have appeared in the above-captioned mater. | | 05/19/03 | 2861 | Re: Sheila Brown v. AHP (99-20593) for the following claimants: Carol Shelander, Vicky Simmons, Robin Winthrow, Charles Schwab, Anna Middleton, Denise Hurd, Mary Adkins, Verna Mays, Brenda Ollis, Janice Shaw ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIMS OF THE ABOVE-REFERENCED CLAIMANTS The Court has received Applications for Issuance of Orders to Show Cause (AApplications@), filed by the AHP Settlement Trust (ATrust@), relating to the audited claims of the above-referenced Claimants. Accordingly, pursuant to the Policies, and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@), approved in Pretrial Order No. 2457, it is hereby ORDERED that these Claimants must show cause why the Trust=s requests for relief should not be granted. It if further ORDERED that these matters are referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its applications, including: (1) detailed Statements of the Case, as described in Section VI.C. of the Audit Procedures: (2) Attestation Forms completed by Auditing Cardiologists for these claims: (3) Auditing Cardiologists= Worksheets; (4) any and all other materials submitted to and/or completed by Auditing Cardiologists; and (5) the Audit Files. Pursuant to Section VI.E of the Audit Procedures, Claimants may submit Responses to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If any Claimant fails to file a Response, or if any Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 05/20/03 | 2862 | Re: Reatha Barnett v. AHP (03-20085) AND NOW, this 20th day of May, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motion of plaintiffs to remand this case to the Circuit Court for Jones County, Mississippi is GRANTED; and (2) this action is REMANDED to the Circuit Court for Jones count, Mississippi, pursuant to 28 U.S.C. 1447(c). | | 05/20/03 | 2863 | Re: Cyndi Chrestman v. AHP (03-20097) AND NOW, this 20th day of May, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motion of plaintiffs to remand this case to the Circuit Court for Coahoma County, Mississippi is GRANTED; and (2) this action is REMANDED to the Circuit Court for Coahoma County, Mississippi, pursuant to 28 U.S.C. 1447(c). | | 05/20/03 | 2864 | Re: Gladys Williamson v. AHP (03-20083) AND NOW, this 20th day of May, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motion of plaintiffs to remand this case to the Circuit Court for sunflower County, Mississippi is GRANTED; and (2) this action is REMANDED to the Circuit Court for Sunflower County, Mississippi, pursuant to 28 U.S.C. 1447 (c). | | 05/21/03 | 2865 | Re: Sheila Brown v. AHP (99-20593) The Court, having considered Wyeth=s Motion to Amend PTO 2828 (AMotion to Amend@) and Plaintiff=s response thereto, and having found good and just cause therefore, IT IS HEREBY ORDERED that the Motion to Amend is GRANTED. IT IS FURTHER ORDERED that (I) plaintiff shall redact page 79, lines 19 to 22 and page 80, lines 7 to 12 from the January 7, 1999 deposition of Ian Ballard; (ii) plaintiff shall redact page 221, lines 10 to 12 from the January 14, 1999 deposition of Jo Alene Dolan and plaintiff shall not show the portion of the January 14, 1999 deposition of Jo Alene dolan in which Plaintiff=s Exhibit (APX@) 65 is published to the jury, but the Court=s ruling with respect to PX 65 is otherwise unchanged; and (iii) plaintiff shall redact the language Aavoid a black box@ from Plaintiff=s Exhibit (APX@) 493. | | 05/21/03 | 2866 | Re: All Actions FILED UNDER SEAL | | 05/22/03 | 2867 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 22nd day of May, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) plaintiff Merle Hall, her agents, attorneys, and derivative claimants are ENJOINED in the case of Linda Boderek, et al. v. AHP, Case No. A-160, 872, pending in the district court of Jefferson County, Texas, from introducing any evidence or making any statement to or argument before the court or jury related directly or indirectly to the subjects of valvular heart disease, neurotoxicity or Wyeth=s conduct related thereto; and (2) the parties shall promptly transmit a copy of this order and accompanying memorandum to the presding judge in the state court action. | | 05/22/03 | 2868 | Re: Eddie Nicholson v. Wyeth-Ayerst Laboratories (02-20211) AND NOW, TO WIT: this 22nd day of May, 2003, it having been reported that the claims of plaintiff Guila Jackson have been settled and upon order of the court pursuant to the provisions of rule 41.1(b) of the local rules of civil procedure of this court, it is ORDERED that all claims of plaintiff Guila Jackson are DISMISSED with prejudice as to all named defendants, pursuant to agreement of counsel without costs. | | 05/27/03 | 2869 | Re: Bonnie Gustafson v. AHP (03-20031) AND NOW, this 27th day of May, 2003, it is hereby ORDERED that: (1) discovery on the issue of plaintiff=s citizenship at the time of the filing of this action shall proceed forthwith and continue in such manner as will assure that all requests for, and responses to, discovery will be served, notices and completed by July 15, 2003; (2) answers to interrogatories and responses to requests for production of documents shall be made no later that fifteen (15) days after service of said interrogatories or requests for production of documents; (3) plaintiff shall file and serve, on or before July 30, 2003, any supplemental brief in support of its motion to remand; (4) Wyeth shall file and serve any responsive brief on or before August 15, 2003; (5) plaintiff shall file any reply brief on or before August 25, 2003; and (6) no brief filed in support of or in opposition to any motion shall exceed 25 pages in length without prior leave of court. | | 05/28/03 | 2870 | Re: Linda Walls v. AHP (02-20111) AND NOW, this 28th day of May, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motion fo plaintiffs to remand this case to the Circuit Court for Claiborne County, Mississippi is GRANTED; and (2) this action is REMANDED to the Circuit Court for Claiborne County, Mississippi, pursuant to 28 U.S.C. 1447(c). | | 05/29/03 | 2871 | Re: Shirlene P. Wood v. A. H. Robins, Wyeth-Ayerst (03-20107) AND NOW, this 29th day of May, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to all named Defendants, with each party to bear its own costs and counsel fees. As provided in Section VIII.C.5 of the Nationwide Class Action Settlement Agreement, as amended, in the proceedings known as in re Diet Drugs Products Liability Litigation, MDL Docket No. 1203 (E.D. Pa.) Dated November 18, 1999 (AClass Settlement@), this dismissal is with prejudice with respect to all claims against Wyeth, Wyeth Pharmaceuticals, and AReleased Parties,@ as those terms are defined in sections 1.5 and I.48. of the Class Settlement; provided, however, that this Order shall not diminish, abridge, prevent or otherwise affect any rights of plaintiff may be entitled to as an accelerated implementation option claimant under the class settlement. This stipulation is filed on behalf of plaintiff, Shirlene P. Wood, and all defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth Pharmaceuticals | | 05/29/03 | 2872 | Re: Pamela J. Wagner v. AHP (02-20157) BE IT REMEMBERED that on this the 29th day of May, 2003, came on for consideration the requests a voluntary dismissal with prejudice of the following named defendants in Civil Action No. 02-20157 filed by plaintiff, Pamela J. Wagner, in the above-entitled and numbered cause, and upon order of the court pursuant to rule 41 of the local rules of civil procedure of this court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice. | | 05/29/03 | 2873 | Re: Sherry Sizemore v. AHP (00-20618) AND NOW, this 13th day of May, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rules of Civil procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to all named Defendants, with each party to bear its own costs and counsel fees. Notwithstanding the foregoing, plaintiff shall be permitted to apply for an to receive any benefits to which the plaintiff may be entitled pursuant to the terms of the nationwide class ation settlement with American Home Products Corporation. This Stipulation is filed on behalf of plaintiff and all defendants who have appeared in the above captioned matter, those defendants being Wyeth, Wyeth Pharmaceuticals Inc. and Wyeth-Ayerst Laboratories Division of AHP . The Docket Clerk is directed to chart this matter closed. | | 05/29/03 | 2874 | Re: Tanya Castal v. AHP (02-20107) AND NOW, this day of February, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims of plaintiffs Tanya Sherelle Castal and Debbie Maxwell are hereby dismissed with prejudice against all defendants, with each party to bear its own costs and counsel fees. This stipulation is filed on behalf of plaintiffs Tanya Sherelle Castal and Debbie maxwell and all defendants named and those who have appeared in the above-captioned matter, those being Wyeth, Wyeth-Ayerst Laboratories Company, Wyeth-Ayerst Pharmaceuticals, inc. MCR, Jones Medical Industries, Qualitest Products, Medeva Pharmaceuticals, Fisons, Gate, Rugby, Smithkline, Eon and Medical Arts Pharmacy. There remain no plaintiffs in this action whose claims are not being disposed of by this judgment. | | 05/29/03 | 2875 | Re: Sheila Brown v. AHP (99-20593) (Relating to Orers Governing Confidential Information of the AHP Settlement Trust) AND NOW, this 29th day of May, 2003, upon consideration of certain Class Members= Motion for Reconsideration of Pretrial Order No. 2683, Class Member Claimants Cross-Motion for an Order Vacating Paragraph 3(b) of Pretrial Order nO. 2683, and Certain Class members= Motion to Compel Trust Documents, it is hereby ORDERED and DECREED that Pretrial Order no. 2351 (Protective Order Concerning Confidential Information of the AHP Settlement Trust) and Pretrial Order No. 2683 (Amended Protective Order Concerning Confidential Information of the AHP Settlement Trust) shall not apply to prevent disclosure of documents that set out substantive standards by which matrix claims are decided and acted upon or disclosure of documents setting forth instructions to or procedures followed by auditing cardiologists or other personnel participating in the audit of matrix claims. Nor shall pretrial Order No. 2351 or Pretrial Order no. 2683 prevent disclosure of the identities of auditing cardiologists who perform audits of matrix claims for the trust. Persons who receive disclosure of the identities of auditing cardiologists are prohibited from contacting or attempting to contact any auditing cardiologists , except upon leave of court. The aforesaid motions are withdrawn without prejudice. | | 05/29/03 | 2876 | Re: Fred Stanger and Valorie Haslam v. AHP (03-20086) (03-20088) AND NOW, this 29th day of May, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motion of plaintiffs in Stanger, et al. v. AHP to remand to the District Court of Weber County, Utah is DENIED; and (2) the motion of plaintiff in Haslam v. AHP to remand to the District Court of Duchesne Count, Utah is DENIED. | | 05/30/03 | 2877 | Re: Sheila Brown v. AHP (99-20593) for the following claimants: Donna McCarty, Susannah Farley, Diane O=Conner, Theresa Neely, Mary Ann Wilson, James Hickman, Virginia Morris, Ruth Williams, Lori Tramel, Judy Hogue) ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIMS OF THE ABOVE REFERENCED CLAIMANTS The Court has received Applications for Issuance of Orders to Show Cause (AApplications@), filed by the AHP Settlement Trust (ATrust@), relating to the audited claims of the above-referenced Claimants. Accordingly, pursuant to the Policies, and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@), approved in Pretrial Order No. 2457, it is hereby ORDERED that these Claimants must show cause why the Trust=s requests for relief should not be granted. It if further ORDERED that these matters are referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its applications, including: (1) detailed Statements of the Case, as described in Section VI.C. of the Audit Procedures: (2) Attestation Forms completed by Auditing Cardiologists for these claims: (3) Auditing Cardiologists= Worksheets; (4) any and all other materials submitted to and/or completed by Auditing Cardiologists; and (5) the Audit Files. Pursuant to Section VI.E of the Audit Procedures, Claimants may submit Responses to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If any Claimant fails to file a Response, or if any Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 06/02/03 | 2878 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 2nd day of June, 2003, it is hereby ORDERED that the emergency motion of Fleming & Associates, L.L.P., individually and on behalf of its clients, to stay paragraphs 3-4, 10, and 11 of pretrial order no. 2859 dated May 15, 2003, providing for payment of an interim award of counsel fees and costs, is DENIED. | | 06/02/03 | 2879 | Re: Sheila Brown v. AHP (99-20593) STIPULATION FOR EXTENSION OF TIME FOR WYETH TO RESPOND TO MOTION BY MATRIX CLAIMANT TO FILE OPT-OUT BASED ON A SEPARATE ECHOCARDIOGRAM FROM THE ONE FORMING THE BASIS OF MATRIX CLAIM It is hereby STIPULATED and AGREED by and between claimant Karen Bellanger and Defendant Wyeth, through their respective undersigned counsel, that Wyeth shall have an extension of time up to and including June 4, 2003 to respond to the Motion by Matrix Claimant to File Opt-Out Based on a Separate Echocardiogram from the One Forming the Basis of Matrix Claim. This extension is for a period of less than thirty (30) days. No prior extensino has been requested or given in this matter. | | 06/03/03 | 2880 | Re: Rebecca Adcock (01-20127), Linda Bailey (01-20119), Margaret Broussard (01-20127), Arlene Brown-Cutno (99-20079), Cleo Cage (01-20127), Essie Coleman (99-20079), Joan Dionisi (99-20079), Sharon Fountain Pellegrini (01-20127), Shirley Gremillion (01-20127), Earline Harris (01-20127), John Link (99-20079), Linda Morales (01-20127), Sharon Oti (99-20079), Mercedes Reinerth (01-20127), and Agatha Townsent (01-20127) WHEREAS, Wyeth has filed a Motion to (1) dismiss fourteen intermediate and Back-End Opt-Out cases where medical eligibility is based on echocardiograms by Dr. William Shell; (2) exclude expert testimony of Dr. Shell in fifteen Initial Opt-Out cases; and (3) exclude Dr. Shell=s echocardiograms in eight alleged Primary Pulmonary Hypertension cases (AWyeth=s Motion@); WHEREAS Plaintiffs involved in Parts 1 and 3 of the Motion are represented by Mr. Kip Petroff (APetroff Plaintiffs@) and plaintiffs involved in Part 2 of the Motion are represented by Mr. Daniel Becnel; | | 06/03/03 | 2881 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 3rd day of June, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the following deadlines and time periods under the Nationwide Class Action Settlement Agreement, as amended (the ASettlement Agreement@) with the American Home Products Corporation (now known as Wyeth) for processing claims for benefits payable under the Settlement Agreement are hereby suspended as follows: | | 06/06/03 | 2882 | Re: All Actions FILED UNDER SEAL | | 06/10/03 | 2883 | Re: Sheila Brown v. AHP (99-20593) The Court, having considered Wyeth=s Motion for Injunctions to Enforce the Nationwide Class Action Settlement Agreement (AMotion to Enforce@) in the actions entitled Wilson, et al. v. Wyeth, et al., No. 3:03cv305BN(S.D. Miss.) And James, et al. v. Wyeth et.al.,, No. 2002-95(Smith County, Miss.)(the AMississippi Actions@), and the submissions of counsel presented in support of and opposition to the Motion to Enforce, and finding good and just cause therefor, IT IS HEREBY ORDERED that Wyeth=s Motion to Enforce is GRANTED; and IT IS HEREBY ORDERED that: | | 06/10/03 | 2884 | Re: Sheila Brown v. AHP (99-20593) claimants: Lisa Durham, Luciano Lora, Darrell heider, Patsy L. Jones, Gerladine Glidewell, Rachel Cooper, Dorothy Collins, Lucille Treece and Jacquelyn Benson ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIMS OF THE ABOVE REFERENCED CLAIMANTS The Court has received Applications for Issuance of Orders to Show Cause (AApplications@), filed by the AHP Settlement Trust (ATrust@), relating to the audited claims of the above-referenced Claimants. Accordingly, pursuant to the Policies, and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@), approved in Pretrial Order No. 2457, it is hereby ORDERED that these Claimants must show cause why the Trust=s requests for relief should not be granted. It if further ORDERED that these matters are referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its applications, including: (1) detailed Statements of the Case, as described in Section VI.C. of the Audit Procedures: (2) Attestation Forms completed by Auditing Cardiologists for these claims: (3) Auditing Cardiologists= Worksheets; (4) any and all other materials submitted to and/or completed by Auditing Cardiologists; and (5) the Audit Files. Pursuant to Section VI.E of the Audit Procedures, Claimants may submit Responses to the Special Master within twenty-one (21) days after service of the Trust=s Supporting Documentation. If any Claimant fails to file a Response, or if any Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. | | 06/11/03 | 2885 | Re: Yuvonne B. Wilson v. AHP (99-20593) STIPULATION FOR EXTENSION OF TIME FOR WYETH TO RESPOND TO DEFENDANT PHYSICIAN=S MOTION TO REMAND It is hereby STIPULATED and AGREED by and between Defendant Physician Dr. Kynard Adams and Defendant Wyeth, through their respective undersigned counsel, that Wyeth shall have an extension of time up to and including June 27, 2003, to respond to Dr. Adams=s Motion to Remand, served by Dr. Adams=s counsel by U.S. Mail on May 28, 2003. This extension of time is for a period of less than thirty (30) days, and no prior extension has been requested or given in this matter. | | 06/12/03 | 2886 | Re: Fredda Rainey v. Wyeth (03-20128) AND NOW, this 12th day of June, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motions of plaintiff Fredda Rainey and Defendant Luis Franco to remand this action to the Circuit Court of Jefferson County, Alabama (Bessemer Division), are DENIED. | | 06/12/03 | 2887 | Re: Sheila Brown, Dorothy and James Oliver v. AHP (99-20593 and 01-20159) WHEREAS, Class Member Dorothy Nolan Oliver has asserted PPH Claims against Wyeth; and WHEREAS Wyeth challenged plaintiff=s eligibility to pursue a PPH case by filing on September 27, 2002 a Motion Pursuant to PTO No. 2383 as to class member Dorothy Nolan Oliver (A2383 motion@); and WHEREAS, Class Member Oliver, in her response to Wyeth=s 2383 Motion, relied on the opinions of Drs. Leader and Kandola; WHEREAS Class Member Oliver now contends that the results of new diagnostic tests and medical opinions by different doctors qualify her for PPH as defined by the Nationwide Class Action Settlement Agreement (the ASettlement Agreement@); and | | 06/12/03 | 2888 | Re: Deloris Blaine-Cottingham and Willie Cottingham v. AHP (00-21011) NOTICE OF VOLUNTARY DISMISSAL Pursuant to Fed.R.Civ.P.41(a)(1)(I), Plaintiffs Deloris Blaine-Cottingham and Willie Cottingham, due to a lack of documentation to support the claim, hereby voluntarily dismiss with prejudice the complaint in the above-titled action as to defendant AHP and Wyeth-Ayerst Laboratories who did not file an answer in this matter. All claims of plaintiffs Deloris Blaine-Cottingham and Willie Cottingham in the above-action are hereby dismissed without prejudice as to all Phentermine defendants, including but not limited to Eon Labs Manufacturing, Inc., Gate Pharmaceuticals, a Division of Teva Pharmaceutical USA, Inc. and Smithkline Beecham Corporation pursuant to Fed. R. civ. P. 41(a)(1)(I). None of the defendants filed an answer in this matter. In the event that Plaintiffs Deloris Blaine-Cottingham and Willie Cottingham re-file any claim or action arising out of the use of Phentermine, Plaintiffs shall re-file such claim or action in federal court only. The Court having considered the matter, and it appearing to the satisfaction of the Court that the Plaintiff=s Case should be dismissed. It is hereby, this 12th day of June, 2003 ORDERED that this case is dismissed. | | 06/12/03 | 2889 | Re: Janne E. Burnett, personal representative of the estate of Jerrold J. Burnett, Deceased v. AHP (00-20246) AND NOW, this 12th day of June, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED AND DECREED, pursuant to Federal Rules of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to all named Defendants, with each party to bear its own costs and counsel fees. Notwithstanding the foregoing, Plaintiff shall be permitted to apply for and to receive any and all benefits to which the Plaintiff may be entitled pursuant to the terms of the Nationwide Class Action Settlement with AHP. This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above captioned matter, those Defendants being AHP, Wyeth Laboratories, Inc., Wyeth-Ayerst Laboratories Div. of AHP Corporation (collectively AWyeth Defendants@). The Docket Clerk is directed to chart this mater closed. | | 06/16/03 | 2890 | Re: ALL ACTIONS AND NOW, TO WIT, this 16th day of June, 2003, upon consideration of the Thirteenth Application by special Master for Interim Compensation and Reimbursement of Expenses Relating to Pretrial Order No. 2383 (04/01/03 through 04/30/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that Wyeth reimburse the Special Master for disbursements and compensation for legal fees in the amount of $10,075.27 for the period from 04/01/03 through 04/30/03, in accordance with the procedure established by the Court. | | 06/16/03 | 2891 | Re: All Actions AND NOW, TO WIT, this 16th day of June, 2003, upon consideration of the Thirty-Fifth Application by the Escrow Agent for Interim Compensation and Reimbursement of Expenses (04/01/03 through 04/30/03), IT IS HEREBY ORDERED that te Application is hereby GRANTED and it is directed that the parties reimburse the Escrow Agent for disbursements and compensation for legal fees in the amount of $32,247.50 for the period from 04/01/03 through 04/30/03, in accordance with the procedure established by the Court. |
|
| 06/16/03 | 2892 | Re: All Actions AND NOW, TO WIT, this 16th day of June, 2003, upon consideration of the Twenty-Ninth Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (04/01/03 through 04/30/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $68,140.40 for the period from 04/01/03 through 04/30/03, in accordance with the procedure established by the Court. | | 06/16/03 | 2893 | Re: All Actions AND NOW, TO WIT, this 16th day of June, 2003, upon consideration of the Eleventh Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses Relating to Petitions for Awards of Attorneys= Fees and Reimbursement of Litigation Expenses (03/01/03 through 04/30/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the Special Discovery Master shall be reimbursed out of the MDL 1203 Fee and Cost Account for disbursements and compensation for legal fees in the amount of $818.28 for the period from 03/01/03 through 04/30/03, in accordance with the procedure established by the Court. | | 06/16/03 | 2894 | Re: All Actions - FILED UNDER SEAL | | 06/20/03 | 2895 | Re: All Actions AND NOW, TO WIT, this 20th day of June, 2003, upon consideration of the Sixty-First Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses (04/01/03 through 04/30/03). IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Special Discovery Master for disbursements and compensation for legal fees in the amount of $20,472.63 for the period from 04/01/03 through 04/30/03, in accordance with the procedure established by the Court. | | 06/26/03 | 2896 | Re: Stephanie Clements and Dylan Clements v. AHP (99-20022) AND NOW TO WIT: This 26th day of June, 2003, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 4.1(b) of the local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, the above listed case is DISMISSED with prejudice and without costs as to all named Defendants. | | 06/26/03 | 2897 | Re: Charlotte Smith Little, Joe Little v. AHP (00-20999) AND NOW TO WIT: This 26th day of June, 2003, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 4.1(b) of the local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, the above listed case is DISMISSED with prejudice and without costs as to all named Defendants | | 06/26/03 | 2898 | Re: Monica Willis v. AHP (01-20122) AND NOW TO WIT: This 26th day of June, 2003, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 4.1(b) of the local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, the above listed case is DISMISSED with prejudice and without costs as to all named Defendants. | | 06/26/03 | 2899 | Re: Jabie Abercrombie v. AHP (01-20102) AND NOW TO WIT: This 26th day of June, 2003, it having been reported that the issues between the parties with respect to plaintiff Jessie L. Harris in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims of plaintiff Jesse L. Harris in the above action are DISMISSED with prejudice and without costa as to named Defendants. | | 06/26/03 | 2900 | Re: Brenda Stallings v. AHP (02-20118) AND NOW TO WIT: This 26th day of June, 2003, it having been reported that the issues between the parties with respect to plaintiff Johnny Earl Clark in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims of plaintiff Johnny Earl Clark in the above action are DISMISSED with prejudice and without costa as to named Defendants | | 06/26/03 | 2901 | Re: Dianne Graham v. AHP (02-20014) AND NOW TO WIT: This 26th day of June, 2003, it having been reported that the issues between the parties with respect to plaintiffs Harry Eugene Sibley and Shereen A. Sibley in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims of plaintiff Harry Eugene Sibley and Shereen A. Sibley in the above action are DISMISSED with prejudice and without costa as to named Defendants. | | 06/26/03 | 2902 | Re: Lillian Chandler v. AHP (02-20120) AND NOW TO WIT: This 26th day of June, 2003, it having been reported that the issues between the parties with respect to plaintiff Lillian Chandler in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims of plaintiff Lillian Chandler in the above action are DISMISSED with prejudice and without costa as to named Defendants | | 06/26/03 | 2903 | Re: Theresa Carnes, Elizabeth L. Frisby v. AHP (02-20128) AND NOW TO WIT: This 26th day of June, 2003, it having been reported that the issues between the parties in the above listed action have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, the above listed case is DISMISSED with prejudice and without costs as to all named Defendants. | | 06/26/03 | 2904 | Re: Ella Rhone v. AHP (98-20071) AND NOW TO WIT: This 26th day of June, 2003, it having been reported that the issues between the parties in the above listed action have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, the above listed case is DISMISSED with prejudice and without costs as to all named Defendants. | | 06/26/03 | 2905 | Re: Marilyn Melder, Dianne Barre, Gloria Bell, Melva Guillory, Albert Le Blanc, Sandra Palmer, Maria Bass Randolph, Freddie Williams V. AHP (02-20142) AND NOW TO WIT: This 26th day of June, 2003, it having been reported that the isuues between the parties iwth respect to plaintiffs Dianne Barre, Gloria Bell, Melva Guillory, Albert Le Blanc, Sandra Palmer, Maria Bass Randolph, Freddie Williams in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims of plaintiffs Dianne Barre, Gloria Bell, Melva Guillory, Albert Le Blanc, Sandra Palmer, Maria Bass Randolph, Freddie William in the above action are DISMISSED with prejudice and without costs as to all named Defendants. | | 06/27/03 | 2906 | Re: All Actions FILED UNDER SEAL | | 06/27/03 | 2907 | Re: All Actions IT IS HEREBY STIPULATED AND AGREED TO by Plaintiffs Cheryl McCurdy, Loretta Ferrell and Yvonne Wilson and Defendant Wyeth, through respective undersigned counsel, that Wyeth shall have an extension of time up to and including July 9, 2003 to respond to Fleming & Associates= MDL 1203 Plaintiffs= Suggestion of Remand for all Pending Cases (Document #2371) This extension of time is for a period of less than Thirty (30) days. No previous request for an extension of time has been requested with respect to this Motion. | | 06/30/03 | 2908 | Re: Anita Hale, Sandy Hoffman, Pamela Kenyon, Janis Thomas, Mable Cornett, and Intervenor Plaintiffs: Norma Mize, Olivia Orosco, Dana Pearce, Barbara Povey, Idella Williams, Wanda White, Dorothy Rackley, Shirley Dill v. AHP (02-00527) AND NOW, this 30th day of June, 2003, it is hereby ORDERED, ADJUDGED AND DECREED, pursuant to Federal Rule of Civil Procedure 41(a), that the above referenced defendants and cross claimants are hereby dismissed with prejudice from this action (Civ. A.No. 02-20212). The docket clerk shall terminate the dismissed defendants and cross claimants. The following defendants remain in this actrion: American Home Products Corporation; Wyeth-Ayerst Laboratories Division of American Home Products Corporation; and A.H. Robins Company, Inc | | 06/30/03 | 2909 | Re: Shirley Doss, Denise Baldwin-Collins, Jimmy Collins, Charlene Clark, and James Clarke (02-20013) STIPULATION AND DISMISSAL & AGREED ORDER 1. By agreement of the parties, plaintiffs Charlene Clarke and James Clarke shall be, and the same are hereby dismissed without prejudice; and 2. Plaintiffs Charlene Clarke and James Clarke have revoked their initial opt-out form the National Settlement Between AHP and individuals who ingested Pondimin or Redux and nothing in this dismissal shall preclude plaintiffs from the benefits available to them under that Settlement Agreement, including all orders and opinions interpreting and/or enforcing that Settlement, including PTO 1415. | | 06/30/03 | 2910 | Re: Sheila Brown v. AHP (99-20593) claimants: Dana Tomadakis, Rebecca Sharp, Alma Mitchell, Gloria McCall, David Stanley, Mary Holmes, Germaine Davis, Marcia Nelson, Patricia Mitchell, and Fran Meachum ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIMS OF THE ABOVE REFERENCED CLAIMANTS The Court has received Applications for Issuance of Orders to Show Cause (AApplications@), filed by the AHP Settlement Trust (ATrust@), relating to the audited claims of the above-referenced Claimants. Accordingly, pursuant to the Policies, and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (AAudit Procedures@), approved in Pretrial Order No. 2457, it is hereby ORDERED that these Claimants must show cause why the Trust=s requests for relief should not be granted. | | 06/30/03 | 2911 | Re: Sheila Brown v. AHP (99-20593) THIS MATTER coming to be heard by motion and upon agrement of the movant and the AHP Settlement Trust, due notice having been given, and the court being fully adivsed: IT IS HEREBY ORDERED: That Christopher Hanks shall be transported by the corrections officers of Puntamville Correctional Facility to Dr. Pradip Patel, at 501 Hospital Lane, S203, Terre Haute, IN 47802 to undergo testing by echocardiogram on July 2, 2003 at 2:30 p.m. The warden or other custodian at the Puntamville Correctional Facility where Christopher Hanks is currently incarcerated shall transport him to this physician for purposes of obtaining echocardiogram testing on that date. Charistopher Hanks Motion for an Extension of Time is dismissed without prejudice. | | 07/02/03 | 2912 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 2nd day of July, 2003, for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that: (1) the motion of Wyeth pursuant to PTO 2383 as to class member Merle Hall (doc. 203777) is GRANTED; and (2) plaintiff Merle Hall, together with her agents, attorneys, and derivative claimants are ENJOINED from prosecuting the action against Wyeth captioned Linda Boderek v. AHP, Cause No. A-160872, which currently is pending in the District Court of Jefferson County, Texas. | | 07/03/03 | 2913 | Re: All Actions ORDER AUTHORIZING AHP SETTLEMENT TRUST TO ENTER INTO A SUBLEASE FOR OFFICE SPACE AT 1818 MARKET STREET, PHILADELPHIA, PENNSYLVANIA) AND NOW, this 3rd day of July, 2003, upon consideration of the attached form of Sublease by and between Day & Zimmerman, Inc., and the AHP Settlement Trust (the ASublease Agreement@), and the Court having been advised that the terms of the attached form of Sublease Agreement have been reviewed by the Board of Trustees appointed by this Court; that the terms were negotiated at arms= length; that the Board of Trustees of the AHP Settlement Trust has resolved to enter into an agreement on the terms set forth in the attached form of Sublease Agreement; and that the Parties to the Nationwide Class Action Settlement Agreement with AHP dated November 12, 1999, as amended, have reviewed the terms thereof and take no position on whether they should be approved; it is hereby ORDERED that the trust may enter into the Sublease Agreement with Day & Zimmerman, inc., relating to the approximately 29,464 rentable square feet on the Nineteenth floor of 1818 Market Street, Philadelphia, Pennsylvania on the terms set forth in the attached form of Sublease Agreement. | | 07/03/03 | 2914 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 3rd day of July, 2003, having considered the objection of Mrs. Geaney Evans to the Report and Recommendation No. 2 of the Special Master to the trust (as to claimant Geaney Evans= motion to show cause), it is hereby ORDERED that said report and recommendation No. 2 is AFFIRMED for the reasons set forth therein. It is further ORDERED that the relief sought by Mrs. Evans in her motion to show cause (Doc. 102595) is DENIED. | | 07/03/03 | 2915 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 3rd day of July, 2003, it is hereby ORDERED that the motion for emergency relief submitted by Paul Evans on behalf of claimant Geaney Evans (doc. 203559) is DENIED | | 07/03/03 | 2916 | Re: Sheila Brown v. AHP(99-20593) AND NOW, this 3rd day of July, 2003, it is hereby ORDERED that the motion to advance on the docket submitted by Paul Evans on behalf of claimant Geaney Evans (Doc. 203621) is DENIED. See report and recommendation no. 2 of the special master to the trust (aug. 5, 2002); {TP MP/ 2914 (July 3, 2003); PTO No. 2915 (July 3, 2003) | | 07/03/03 | 2917 | Re: Sheila Brown v. AHP (99-20593) STIPULATION FOR EXTENSION OF TIME FOR WYETH TO RESPOND TO O=QUINN, LAMINACK & PIRTLE=S MDL PLAINTIFFS= MOTION TO DISSOLVE MDL 1203 AND TO REMAND ALL PENDING CASES AND O=QUINN, LAMINACK & PIRTLE, ROBERT G. HARVEY, SR., A.P.L.C. AND JACOBS & SARRAT=S MDL PLAINTIFFS= MOTION TO DISSOLVE MDL 1203 AND TO REMAND ALL PENDING CASES. It is hereby STIPULATED and AGREED by and between MDL plaintiffs represented by O=Quinn, Laminack & Pirtle, Roberg G. Harvey, Sr., A.P.L.C., and Jacobs & Sarrat and Defendant Wyeth, through their respective undersigned counsel, that Wyeth shall have an extension of time up to and including July 9, 2003 to respond to the following two motions: Motio to dissolve MDL 1203 and to remand all pending cases, and plaintiffs motion to dissolve MDL 1203 and to remand all pending cases. Ths extension is for a period of less that thirty (30) days. No prior extension has been requested or given in this matter. | | 06/30/03 | 2918 | Re: Betty Bentley (03-20187), Carolyn A. Ingram (03-00311), Regina McMullen (03-20074). Jacqueline Rankin (03-20200)v. Wyeth It is hereby stipulated and agreed by and between counsel for plaintiffs in the above-captioned actions and Wyeth (including an subsidiaries of Wyeth and any related entities) that Wyeth shall have until June 30, 2003 to serve papers in opposition to plaintiffs= motion to remand in the above-captioned actions. | | 07/21/03 | 2919 | Re: Sheila Brown v. AHP (99-20593) THIS DOCUMENT RELATES TO APPLICATION OF THE AHP SETTLEMENT TRUST FOR ORDER TO SHOW CAUSE, CLAIMANT KATHLEEN HERINGTON And now this 21st day of July, 2003, upon consideration of the Stipulation between Claimant Kathleen Herington and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to Show Cause regarding Claimant, Kathleen Herington, is discontinued and Pretrial Order No. 2733 is vacated. | | 07/21/03 | 2920 | Re: Diane Graham, Greg Graham, Robin Bice, Brian Bice, Nora Stevens, Robert Graffenread, Harry Sibley, Sharon Sibley, Michelle McCoy, David McCoy v. AHP (02-20014) By agreement of the parties, the claims of plaintiffs Diane Graham and Greg Graham are hereby dismissed without prejudice. | | 07/21/03 | 2921 | Re: All Actions AND NOW, TO WIT, this 21st day of July, 2003, upon consideration of the Fourteenth Application by Special Master for Interim Compensation and Reimbursement of Expenses Relating to Pretrial Order No. 2383 (05/01/03 through 05/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that Wyeth reimburse the Special Master for disbursements and compensation for legal fees in the amount of $10,507.75 for the period from 05/01/03 through 05/31/03, in accordance with the procedure established by the Court. | | 07/21/03 | 2922 | Re: All Actions AND NOW, TO WIT, this 21st day of July, 2003, upon consideration of the Thirty-Sixth Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (05/01/03 through 05/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Escrow Agent for disbursements and compensation for legal fees in the amount of $13,426.83 for the period from 05/01/03 through 05/31/03, in accordance with the procedure established by the Court. | | 07/21/03 | 2923 | Re: All Actions AND NOW, TO WIT, this 21st day of July, 2003, upon consideration of the Sixty-Second Application by Special Master for Interim Compensation and Reimbursement of Expenses (05/01/03 through 05/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Special Master for disbursements and compensation for legal fees in the amount of $37, 324.92 for the period from 05/01/03 through 05/31/03, in accordance with the procedure established by the Court. | | 07/21/03 | 2924 | Re: All Actions AND NOW, TO WIT, this 21st day of July, 2003, upon consideration of the Thirtieth Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (05/01/03 through 05/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $64,440.34 for the period from 05/01/03 through 05/31/03, in accordance with the procedure established by the Court. | | 07/21/03 | 2925 | Re: All Actions - FILED UNDER SEAL | | 07/21/03 | 2926 | Re: All Actions, FILED UNDER SEAL | | 07/21/03 | 2927 | Re: All Actions AND NOW, TO WIT, this 21st day of July, 2003, upon consideration of the Twelfth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses Relating to Petitions for Awards of Attorneys= Fees and Reimbursement of Litigation Expenses (05/01/03 through 05/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the Special Discovery Master shall be reimbursed out of the MDL 1203 Fee and Cost Account for disbursements and compensation for legal fees in the amount of $5,990.15 for the period from 05/01/03 through 05/31/03, in accordance with the procedure established by the Court | | 07/21/03 | 2928 | Re: Sheila Brown v. AHP (99-20593), Linda Walls v. Wyeth-Ayerst (02-20111) STIPULATION FOR EXTENSION OF TIME FOR CLASS COUNSEL TO RESPOND TO MOTION TO DETERMINE INADEQUACY OF REPRESENTATION FOR PPH AND PULMONARY HYPERTENSION It is hereby STIPULATED and AGREED by and between Class Members Rita Dix, Donna Franz, Judy Davis, Shane Webb-Cochran, Renai Kuykendall, Willa Sartin, Dawn Stewart and Joanne Valenti and Class Counsel, through their respective undersigned attorneys, that Class Counsel shall have an extension of time up to and including August 4, 2003, to respond to Motion to Determine Inadequacy of Representation for PPH and Pulmonary Hypertension, filed on or about July 3, 2003 This extension is for a period of less than thirty (30) days. No prior extension has been requested or given in this matter. | | 07/22/03 | 2929 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 22nd day of June, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motion to determine inadequacy of representation for opt-out class members Is DENIED. | | 07/22/03 | 2930 | Re: Sheila Brown v. AHP 99-20593) AND NOW, this 23rd day of July, 2003, the court having determined that it is appropriate to enter an order updating (1) the plaintiffs= fact sheet (AFact Sheet@) approved in PTO No. 22 and (2) the medical authorization form required to be completed by pto no. 22 and revised by pto no. 155, it is hereby ORDERED that: | | 07/23/03 | 2931 | Re: Sheila Brown v. AHP (99-20593) STIPULATION FOR EXTENSION OF TIME FOR WYETH TO RESPOND TO MOTION TO DETERMINE INADEQUACY OF REPRESENTATION FOR PPH AND PULMONARY HYPERTENSION CLASS MEMBERS It is hereby STIPULATED and AGREED by and between moving class Members represented by Fleming and Associates, L.L.P.; Napoli, Kaiser, Bern & Associates; and Harition & D=Angelo, L.L.P., and Defendant Wyeth, through their respective undersigned counsel, taht Wyeth shall have an extension of time up to and including August 4, 2003 to respond to the Motion to Determine Inadequacy of Representation for PPH and Pulmonary Hypertension Class Members. This extension is for a period of less than thirty (30) days. No prior extension has been requested or given in this matter. | | 07/23/03 | 2932 | Re: Karen G. Malonee v. AHP (00-20552) Upon Plaintiff=s Notice of Filing of Suggestion of Death Upon Record and Motion to Substitute Party Plaintiff in the above-captioned action, and with Defendants= consent, it is hereby ORDERED that Plaintiff=s motion is GRANTED and that Carolyn Tew, the Executrix of the Estate of Karen G. Malonee, is substituted as a party Plaintiff for Karen G. Malonee in this action. | | 07/23/03 | 2933 | Re: Sheila Brown v. AHP (99-20593) THIS DOCUMENT RELATES TO APPLICATION OF THE AHP SETTLEMENT TRUST FOR ORDER TO SHOW CAUSE - CLAIMANT TERRI LUNN And now, this 23rd day of July, 2003, upon consideration of the Stipulation between Claimant Terri Lunn and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to Show Cause regarding Claimant, Terri Lunn, is discontinued and Pretrial Order No. 2738 is vacated. | | 07/23/03 | 2934 | Re: Sheila Brown v. AHP (99-20593) THIS DOCUMENT RELATES TO APPLICATION OF THE AHP SETTLEMENT TRUST FOR ORDER TO SHOW CAUSE - CLAIMANT JULIE GREENBERG And now, this 23rd day of July, 2003, upon consideration of the Stipulation between Claimant Julie Greenberg and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to show Cause regarding Claimant, Julie Greenberg, is discontinued and Pretrial Order NO. 2737 is vacated. | | 07/23/03 | 2935 | Re: Sheila Brown v. AHP (99-20593) THIS DOCUMENT RELATES TO APPLICATION OF THE AHP SETTLEMENT TRUST FOR ORDER TO SHOW CAUSE - CLAIMANT JACQUELINE BARKEY And now, this 23rd day of July, 2003, upon consideration of the Stipulation between Claimant Jacqueline Barkey and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to show Cause regarding Claimant, Julie Greenberg, is discontinued and Pretrial Order NO. 2737 is vacated. | | 07/25/03 | 2936 | Re: Tena Welch v. AHP (01-20171) AND NOW TO WIT: This 25th day of July, 2003, It having been reported that the issues between the parties in the civil action listed above have been settled, and upon order of the court pursuant to Rule 41.1(b) of the local rules of civil procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED withy prejudice and without costs as to all named Defendants. | | 07/25/03 | 2937 | Re: Fredia Amick v. AHP (00-20931) AND NOW TO WIT: This 25th day of July, 2003, It having been reported that the issues between the parties with respect to plaintiff Sylvia C. Hunter in the civil action listed above have been settled, and upon order of the court pursuant to Rule 41.1(b) of the local rules of civil procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED withy prejudice and without costs as to all named Defendants. | | 07/25/03 | 2938 | Re: Coralie Granger (02-20160), Dana Hebert (20-20194), and Betty Rowlan (03-20008) AND NOW, this 25tg day of July, 2003, it is hereby STIPULATED, ORDERD, ADJUDGED AND DECREED, pursuant to Federal Rules of Civil Procedure 41(a)(1)(ii), that the complaints in the above-captioned cases are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees. This Stipulation is filed on behalf of Plaintiffs and all Defendants who have appeared in the above-captioned matters. | | 07/25/03 | 2939 | Re: Sharon K. Adams, Marlis A. Barth, Gloria Biglen Barrett, Cheryl Bonin, Kathleen Cachelin, Nancy Carlson, Jo=Ann Coleman, Dennis Emerson, Dauna Fausett, Shirley Gensler, Trina Gill-Jourinette, Verdell Hage, Paula Haynes, Joan Ginn-Harris, Nancy Lynn Jones, Marianne Knutson, Russell Lee, Ramona Matthews, Joseph Miller, Anita Mills, Melba Oldham, Marcia Olson, Heather Pena, Linda Plisek, Diana Ryan, Cindy LC. Sherman, Joan Solometo, Linda L. Sternberg, Darrow R. sTrough, Helen Swaim, Marianne Tuholski, JoAnn Turner, Bonnie L.E. Walker, Rodney Weets WHEREAS, Defendants Wyeth and Wyeth Pharmaceuticals (together, Wyeth) and the plaintiffs identified in Exhibit A hereto (APlaintiffs@) have stipulated to the dismissal of any and all of Plaintiffs= lawsuits claiming damages for PPH against Wyeth, its subsidiaries or successors; and WHEREAS, Wyeth and Plaintiffs have stipulated that the dismissals shall be without prejudice to the right of Plaintiffs, who are class members, to refile such lawsuits if and when they meet the definition of PPH set forth in the Class Action Settlement Agreement approved in this Court=s Pretrial Order No. 1415; IT IS THEREFORE ORDERED AS FOLLOWS: The actions listed on Exhibit A hereto are hereby dismissed, with each party to bear its own costs and counsel fees, and without prejudice to the right of Plaintiffs to refile such lawsuits if and when Plaintiffs meet the definition of PPH set forth in the class Action Settlement Agreement approved in Pretrial Order No. 1415. | | 07/28/03 | 2940 | Re: All Actions FILED UNDER SEAL |
|
| 07/28/03 | 2941 | Re: Sheila Brown v. AHP (99-20593) The AHP Settlement trust (the ATrust@) and MDL Plaintiffs represented by Michael L. Hodges, Esquire hereby stipulate and agree that the Trust shall have an extension of time up to and including August 4 2003 to respond to the Motion for Fair Audit System. This extension is for a period of less than 30 days. No prior extension has been requested or granted in this matter. | | 07/28/03 | 2942 | Re: Susan Winkler Snyder v. Wyeth and Glaxosmithkline (02-20108) IT IS HEREBY STIPULATED by and between Plaintiff Susan Winkler Snyder and Defendant GlaxoSmithKline (ADefendant@), through their respective counsel, that the Complaint filed by Plaintiff against Defendant in the above-captioned matter is dismissed with prejudice as to this Defendant only and without costs to either party. This stipulation may be signed in counterparts and, if so signed, shall have the same force and effect as if all signatories had executed one copy. | | 07/28/03 | 2943 | Re: Rosalie Briggs, Shauna Carson, Wanda Gassner, Robert Johnson, and Jeanne K. Walker (03-20078) AND NOW, this 28th day of July, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that all claims of plaintiffs Robert Johnson and Jeanne Walker in the above-captioned case are hereby dismissed with out prejudice as to all defendants, with each party to bear its own costs and counsel fees. In the event that plaintiffs Robert Johnson or Jeanne Walker re-file any claim or action arising out of the use of Pondimin or Redux, plaintiffs shall re-file such claim or action in federal court only. This Stipulation is filed on behalf of plaintiffs Robert Johnson and Jeanne Walker and all defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth Pharmaceuticals. | | 07/28/03 | 2944 | Re: Gayle Moore, Clara Tremaine and Sheila Lotsberg v. Wyeth (02-2961) This 28th day of July, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Plaintiff Clara Tremaine, one of the Plaintiffs in the above-captioned case, is hereby dismissing all of her claims as to all named Defendants, with each party to bear its own costs and counsel fees. This dismissal shall be without prejudice to Plaintiff=s right to assert a claim against Wyeth in the future based on primary pulmonary hypertension if she meets the definition of primary pulmonary hypertension in the Nationwide Class Action Settlement Agreement as a result of a change in medical circumstances. This Stipulation is filed on behalf of Plaintiff Clara Tremaine and all Defendants who have appeared in the above-captioned matter, those Defendants being Wyeth and Northern Pharmacy. | | 07/28/03 | 2945 | Re: Gayle Moore, Clara Tremaine and Sheila Lotsberg v. Wyeth (02-2961) This 28th day of July, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Plaintiff Gayle Moore, one of the Plaintiffs in the above-captioned case, is hereby dismissing all of her claims as to all named Defendants, with each party to bear its own costs and counsel fees. This dismissal shall be without prejudice to Plaintiff=s right to assert a claim against Wyeth in the future based on primary pulmonary hypertension if she meets the definition of primary pulmonary hypertension in the Nationwide Class Action Settlement Agreement as a result of a change in medical circumstances. This Stipulation is filed on behalf of Plaintiff Gayle Moore and all Defendants who have appeared in the above-captioned matter, those Defendants being Wyeth and Northern Pharmacy. | | 07/30/03 | 2946 | Re: Katie Weaver v. AHP (03-20153), Williette Neason v. AHP (03-20154), Charlese Carter v. AHP (03-20158), Lynda Parker v. AHP (03-20165), Sherrell Cole v. AHP (03-20171), Zakara Ross v. AHP (03-20173) AND NOW, this 30th day of July, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the Motion of plaintiffs in Weaver, et al. v. AHP, Civ. A. NO. 03-20153 (AWeaver@) to remand to the Superior Court of Fulton County, Georgia is DENIED; (2) all claims in Weaver against defenants Rugby Laboratories, Inc., Anthony D. Adams, Robin W. Jones, Avery T. Lanius, Robert L. Scott and John A. Molnar are DISMISSED; (3) the claims of the New Jersey plaintiff, Jesus Delgado, against Wyeth in Weaver are DISMISSED without prejudice; | | 07/31/03 | 2947 | Re: Christy Smith-Price PETITION FOR ATTORNEYS FEES AND COSTS IN THE MATTER OF THE ESTATE OF CHRISTY SMITH-PRICE, DECEASED, CLAIM NO. 3615267 Based upon the petition of Charles F. Abbott, attorney for the estate of Christy Smith-Price, deceased, and the derivative claimants, and good cause appearing therefor, it is hereby ordered as follows: That the AHP Settlement Trust shall pay to the Petitioner, Charles F. Abbott, $1,882.89 for attorney=s fees pursuant to petitioner=s agreement with claimant on behalf of the derivative claims, as set forth in the Tentative Determination Letter of January 31, 2002, which said tentative determination has resulted in a Final Determination consistent therewith. | | 07/31/03 | 2948 | Re: Ana Maria DiBienza v. AHP (03-20225) AND NOW TO WIT: This 31st day of July 2003, It having been reported that the issues between the parties with respect to plaintiff Deborah Stone in the above listed action have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims of plaintiff Deborah Stone in the above listed action are DISMISSED with prejudice and without costs as to all named Defendants. | | 07/31/03 | 2949 | Re: Jeannette Brandon v. AHP (03-20058) AND NOW TO WIT: This 31st day of July 2003, It having been reported that the issues between the parties with respect to plaintiff Jeanette Brandon in the above listed action have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims of plaintiff Jeanette Brandon in the above listed action are DISMISSED with prejudice and without costs as to all named Defendants. | | | | | |
