| Court: | nysd |
| Docket #: | 1:02-cv-01711 |
| Case Name: | Alto v. Parke-Davis, et al |
| PACER case #: | 34669 |
| Date filed: | 2002-03-05 |
| Date terminated: | 2008-04-22 |
| Assigned to: | Judge Lewis A. Kaplan |
| Case Cause: | 28:1331pi Fed. Question: Personal Injury |
| Nature of Suit: | 365 Personal Inj. Prod. Liability |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Rosemary Alto Plaintiff TERMINATED: 04/22/2008 |
John R. Dean William G. Azar |
| Parke-Davis Defendant |
Michael C. Geraghty |
| Warner Lambert Co. Defendant |
Michael C. Geraghty |
| Pfizer Inc Defendant |
Michael C. Geraghty |
| Sankyo Pharma Inc Defendant |
Eric Tyrone Burton James M. Bergin Jennifer M. Coughlin Mark Paul Ladner Peter Hsiao |
| Sankyo-Parke-Davis Defendant |
Michael C. Geraghty |
| Marguerite McIntosh Defendant |
Donna M. Meyers |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2002-03-05 | 1 | 0 | CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL...transferring action from the U.S.D.C. for the District of Alaska, Docket No.: 3:01-cv-0278, MDL No.: 1348, M No.: 21-85, to the S.D.N.Y. Mailed letter requesting transfer of their file. (dle) (Entered: 03/12/2002) | |||
| 2002-04-08 | 2 | 0 | RULE 1.9 CERTIFICATE filed by Sankyo Pharma Inc. (tp) (Entered: 04/10/2002) | |||
| 2002-04-08 | 3 | 0 | ANSWER to Complaint by Sankyo Pharma Inc (Attorney James M. Bergin, Mark P. Ladner from the Firm: Morrison & Foerster, L.L.P.). (tp) (Entered: 04/10/2002) | |||
| 2005-04-19 | 4 | 0 | ENDORSED LETTER addressed to Judge Kaplan from David Klingsberg dated 4/7/05 re: clarification of Sections 2.a & b of Pretrial Order 366 insofar as it refers to a 12/1/03 discovery deadline. The origin or the 12/1/03 date is arbitrary (Signed by Judge Lewis A. Kaplan on 4/14/05) (yv, ) (Entered: 04/20/2005) | |||
| 2009-03-17 | 5 | 0 | STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material....Accordingly, IT IS HEREBY ORDERED: Exhibit A of the Special Master's affidavit may be filed under seal. (Signed by Judge Lewis A. Kaplan on 3/17/09) Filed In Associated Cases: 1:00-cv-02843-LAK-GWG et al.(tro) (Entered: 03/19/2009) | |||
| 2009-04-13 | 6 | 0 | PRETRIAL ORDER 465: On February 10, 2009, the Court designated this as an ECF case and directed that all future pleadings be filed in accordance with ECF rules. Pretrial Order No. 464. It has come to the Court's attention that the Littlepage firm on or about March 27, 2009 attempted to file paper objections to the PEC-PSC motion for counsel fees and other relief and a fee petition of its own, both of which were rejected properly by the Clerk because they failed to comply with the ECF designation. The time for filing both of the Littlepage pleadings has expired. The Court nevertheless will entertain a motion by the Littlepage firm to file those documents out of time on a showing that it was justifiably unaware of Pretrial Order No. 464. Any such motion, together with the objections and the petition that were rejected by the Clerk, shall be electronically filed no later than April 20, 2009. (Signed by Judge Lewis A. Kaplan on 4/13/09) Filed In Associated Cases: 1:00-cv-02843-LAK-GWG et al.(tro) (Entered: 04/13/2009) | |||
| 2009-05-04 | 7 | 0 | PRETRIAL ORDER NO. 466 (Common Benefit Fee Awards) in case 1:00-cv-08059-LAK; granting in part and denying in part (5486) Motion to Approve ; granting in part and denying in part (5490) Motion for Leave to File Document in case 1:00-cv-02843-LAK-GWG. This matter is before the Court on the motions by (1) the Plaintiffs' Executive Committee ("PEC") and Plaintiffs' Steering Committee ("PSC") for an award of counsel fees and other relief, to the extent not previously granted [00 Civ. 2843 docket item 5486], and (2) the motion of the Littlepage Firm, P.C. for leave to file objections thereto and a petition for an award of counsel fees and expenses to it [00 Civ. 2843 docket item 5490]. Subsequent to the filing of these papers, the PEC and PSC have reached agreement, contingent on the Court granting the motion of the Littlepage Firm for leave to file, with respect to awards of fees and expenses. Having considered the papers before it, the Littlepage Firm's motion [00 Civ. 2843 docket item 5490] is granted insofar as it seeks leave to file a petition for an award of counsel fees and expenses and, in view of the agreement of counsel, denied insofar as it seeks leave to file objections to the PEC/PSC request. In addition, The Littlepage Firm's petition is granted to the extent that it is awarded counsel fees in the amount of $75,000 and reimbursement of expenses in the amount of $131,470 as agreed among counsel. [00 Civ. 2843 docket item 5495, Ex. A] The motion of the PEC/PSC [00 Civ. 2843 docket item 5486] is granted to the following extent: 1. The Special Master shall be paid from CRIS Account I fees and out of pocket expenses in the aggregate amount of $140,174.23, which the Court finds to have been reasonably and properly incurred in the course of providing common benefit work in this MDL. 2. Disbursements in the aggregate amount of $6,697,089.62, which the Court finds to have been reasonably and properly incurred in the course of providing common benefit work in this MDL, shall be reimbursed out of the CRIS Account I as set forth in the "Final Submission" column on Exhibit C to the affidavit of Robert P. Enderle, Esq., in support of the PEC/PSC motion [00 Civ. 2843 docket item 5486]. The Special Master shall disburse those amounts directly to the firms in question as set forth in said Exhibit C. 3. Counsel fees in the aggregate amount of $17,363,068.24 (the amount of the CRIS I account as of March 11, 2009 less the awards of disbursements, the Littlepage fee award and the payment to the Special Master), which the Court finds to have been reasonably and properly incurred in the course of providing common benefit work in this MDL, shall be paid out of the CRIS Account I to the Tier A, Tier B and Tier C firms identified in the affidavit of Arnold Levin, submitted in support of the PEC/PSC motion, in accordance with the Plan of Allocation set forth therein. The PEC is directed to submit its views as to the appropriate disposition of any amounts remaining in the CRIS I and CRIS II accounts no later than May 15, 2009. As the entry of an order disposing of any such amounts will conclude this MDL, the Clerk is directed to (a) close any cases that remain open (other than 00 Civ. 2843), and (b) terminate any motions that remain pending in any of the cases in this MDL. (Signed by Judge Lewis A. Kaplan on 5/4/09) Filed In Associated Cases: 1:00-cv-02843-LAK-GWG et al.(tro) (Entered: 05/05/2009) | |||
| 2009-05-28 | 8 | 0 | PRETRIAL ORDER NO. 468 (Disposition of Remaining Funds): THE PEC has reported that there remains in the CRIS I account de minimis interest, and that the CRIS II account held the sum of $42,234.81 as of March 11, 2009. The PEC acknowledges that defendants are entitled to the return of this money upon application to the Special Master. In the circumstances, all parties are directed to show cause, on or before June 15, 2009, why an order should not be entered disposing of all remaining funds in the CRIS I and CRIS II accounts as follows: 1. The remaining balance in the CRIS I account to be paid to the Legal Aid Society. 2. The balance remaining in the CRIS II account after PTO No. 466, dated May 4, 2009, becomes final and the fees and expenses contemplated thereby are paid to be returned to the defendant(s) who deposited it to the account. Plaintiffs' Liaison counsel shall serve a copy of this order on or before June 3, 2009, on each attorney who has appeared in this MDL. (Signed by Judge Lewis A. Kaplan on 5/28/09) Filed In Associated Cases: 1:00-cv-02843-LAK-GWG et al.(tro) (Entered: 05/29/2009) | |||
| 2009-06-16 | 9 | 0 | PRETRIAL ORDER NO. 469 (Disposition of Remaining Funds): In PTO Nos. 466 and 468, the Court directed the disbursement of funds from the CRIS I account. In order to provide Byrd the refund it seeks, the Court hereby modifies PTO Nos. 466 and 468 as follows: 1. $43,726.50 shall be disbursed to Byrd from the CRIS I account. 2. Counsel fees in the aggregate amount of $15,703,068.24 (the amount remaining in the CRIS I account following the disbursement to Byrd and the other disbursements provided for in PTO 466) shall be paid out of the CRIS I account to the Tier A, Tier B and Tier C firms identified in the affidavit of Arnold Levin, submitted in support of the PEC/PSC motion, in accordance with the Plan of Allocation set forth therein. 3. The remaining balance in the CRIS I account shall be paid to the Legal Aid Society.This order does not modify the Court's previous orders regarding the disbursement of funds from the CRIS II account. As the entry of this order disposes of all funds remaining in the CRIS I and CRIS II accounts, this MDL is concluded, and the Clerk is directed to close the case. (Signed by Judge Lewis A. Kaplan on 6/16/09) Filed In Associated Cases: 1:00-cv-02843-LAK-GWG et al.(tro) (Entered: 06/17/2009) |