UFCW Local 1500 Welfare Fund v. Novartis Pharmaceuticals Corporation et al
| UFCW Local 1500 Welfare Fund |
| Novartis Pharmaceuticals Corporation, PAR Pharmaceutical, Inc. and Endo Pharmaceuticals, Inc. |
| 1:2018cv05536 |
| June 19, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Nassau |
| Alvin K. Hellerstein |
| Other Personal Property Damage |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
133
ORDER GRANTING FINAL JUDGMENT AND ORDER OF DISMISSAL APPROVING DIRECT PURCHASER CLASS SETTLEMENT AND DISMISSING DIRECT PURCHASER CLASS CLAIMS terminating (603 in 18-cv-04361) Motion for Attorney Fees; granting (630 in 18-cv-04361) Motion for Attorne y Fees. It is hereby ORDERED, ADJUDGED AND DECREED as follows: The Court has jurisdiction over these actions, each of the parties, and all members of the Class for all manifestations of this case, including this Settlement. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court hereby approves the Settlement, and finds that the Settlement is, in all respects, fair, reasonable and adequate to Class members and in their best interests. Accordingly, the Settlement shall be consumma ted in accordance with the terms and provisions of the Settlement Agreement. The Court hereby approves the Plan of Allocation of the Settlement Fund as proposed by Class Counsel (the "Plan of Allocation"), which was summarized in the Notice of Proposed Settlement and is attached to Plaintiffs' Motion for Final Approval of Settlement, and directs RG/2 Claims Administration, the firm retained by Class Counsel and previously appointed by the Court as the Claims Administrator, to dist ribute the net Settlement Fund as provided in the Plan of Allocation. All claims brought by the Direct Purchaser Class Plaintiffs against Novartis in In re: Novartis and Par Antitrust Litigation, 18-cv-04361-AKH (S.D.N.Y.) (the "Direct Purchaser Class Action") are hereby dismissed with prejudice, and without costs ( other than as provided herein). Upon the Settlement Agreement becoming final in accordance with Paragraph 6 of the Settlement Agreement, Novartis and its past, present, and future parents, subsidiaries, divisions, affiliates, joint ventures, stockholders, officers, directors, management, supervisory boards, insurers, general or limited partners, employees, agents, attorneys, servants, representatives (and the parents&# 039;, subsidiaries ', and affiliates' past, present, and future officers, directors, employees, agents, attorneys, servants, and representatives), and predecessors, successors, heirs, executors, administrators, representatives, and assigns of each of the foregoing ( collectively, the "Releasees") from all manner of claims, rights, debts, obligations, demands, actions, suits, causes of action, damages whenever incurred, liabilities of any nature whatsoever, including costs, ex penses, penalties and attorneys' fees, under federal or state laws, whether known or unknown, foreseen or unforeseen, suspected or unsuspected, contingent or noncontingent, in law or equity, that arise out of or relate, in whole or in part in an y manner to the Direct Purchaser Class Action that accrued prior to the date of this Settlement Agreement, ( collectively, this entire paragraph represents the "Released Claims"). In addition, Plaintiffs and each Class member, on behalf of themselves and all other Releasors, hereby expressly waive, release and forever discharge, upon the Settlement becoming final, any and all provisions, rights and/or benefits conferred by § 1542 of the California Civil Code, which reads as furthe r set forth in this Order. Upon consideration of Class Counsel's petition for fees, costs and expenses, Class Counsel are hereby awarded attorneys ' fees totaling $42,150,000.00 (representing 33 1/3 % of the Settlement Fund net of service awards awarded pursuant to paragraph 15, below), to be paid solely from the Settlement Fund and only if and after the Settlement becomes final in accordance with Paragraph 6 of the Settlement Agreement. Upon consideration of Class Counsel &# 039;s petition for service awards for Class Representatives, Betances, RDC, FWK and KPH are each hereby awarded $100,000, to be paid solely from the Settlement Fund and only if and after the Settlement becomes final in accordance with Paragraph 6 of the Settlement Agreement. Class Counsel Bruce E. Gerstein of Garwin Gerstein & Fisher LLP shall allocate and distribute such attorneys' fees among the various Class Counsel which have participated in this litigation. The Releasees shall hav e no responsibility for,and no liability whatsoever with respect to, any payment or disbursement of attorneys' fees,expenses, costs or service awards among Class Counsel and/or Class Representatives, nor with respect to any allocation of attorne ys' fees, expenses, costs or service awards to any other person or entity who may assert any claim thereto. The attorneys' fees and service awards authorized and approved by this Final Judgment and Order shall be paid to Garwin Gerstein & F isher LLP within five (5) business days after the first distributions of the Settlement Fund are made to Class Members or as soon thereafter as is practical and in accordance with the terms of the Settlement Agreement and the Escrow Agreement. The at torneys' fees and service awards authorized and approved by this Final Judgment and Order shall constitute full and final satisfaction of any and all claims that Plaintiffs and any Class member, and their respective counsel, may have or assert f or reimbursement of fees, costs, and expenses, and service awards, and Plaintiffs and members of the Class shall not seek or demand payment of any fees and/or costs and/or expenses and/or service awards from Novartis other than from the Settlement Fu nd. The Court retains exclusive jurisdiction over the Settlement and the Settlement Agreement as described therein, including the administration and consummation of the Settlement, and over this Final Judgment and Order. The Court finds that this Fin al Judgment and Order adjudicates all of the claims, rights and liabilities of the parties to the Settlement Agreement (including the members of the Class), and is final and shall be immediately appealable. Neither this Order nor the Settlement Agree ment nor any other Settlement-related document shall constitute any evidence, admission, or concession by Novartis or any other Releasee, in this or any other matter or proceeding of any kind whatsoever, civil, criminal or otherwise, before any court , administrative agency, regulatory body, or any other body or authority, present or future, nor shall either the Settlement Agreement, this Order, or any other Settlement-related document be offered in evidence or used for any other purpose in this or any other matter or proceeding except as may be necessary to consummate or enforce the Settlement Agreement, the terms of this Order, or if offered by any Releasee in responding to any action purporting to assert Released Claims, or if offered by any Releasor in asserting that a claim is not a Released Claim, including because such claim is covered by Paragraph 12 of the Settlement Agreement "Reservation of Claims"). SO ORDERED (Signed by Judge Alvin K. Hellerstein on 7/25/23) (yv)
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Filing
121
ORDER REGULATING PROCEEDINGS terminating 90 Motion to Compel; terminating 101 Motion to Compel. Two motions in the above-captioned case are marked as open. See ECF Nos. 90, 101. However, these motions were resolved, respectively, by my orde rs ECF No. 275 and ECF No. 309 in In re Novartis and Par Antitrust Litigation, Case No. 18 Civ. 4361. Accordingly, the Clerk shall terminate ECF Nos. 90 and 101 in the above-captioned case. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/24/22) (yv)
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