BROWN, et al v. AMERICAN HOME PROD, et al
Case Number: 2:1999cv20593
Court: US District Court for the Eastern District of Pennsylvania
Office: M Office
Nature of Suit: Other
Cause of Action: M
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Date Filed Document Text
March 18, 2024 Opinion or Order Filing 5436 PRETRIAL ORDER NO. 9579 THAT THE APPEAL OF DEANNE FOLEY FROM THE DENIAL OF HER APPLICATION FOR INCREMENTAL MATRIX COMPENSATION BENEFITS IS DENIED. SIGNED BY DISTRICT JUDGE HARVEY BARTLE, III ON 3/18/24. 3/18/24 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL.(mbh)
March 4, 2024 Opinion or Order Filing 5433 PRETRIAL ORDER NO. 9576 THAT THE JOINT PETITION OF MICHAEL D. FISHBEIN, ESQ. FOR AN AWARD OF COUNSEL FEES IN THE AMOUNT OF $138,337.30 AND OF THE LAWFIRM OF LEVIN, SEDRAN & BERMAN, LLP FOR AN AWARD OF COUNSEL FEES IN THE AMOUNT OF $269,800 FOR A TOTAL OF $408,137.50 IS HEREBY GRANTED. SIGNED BY DISTRICT JUDGE HARVEY BARTLE, III ON 3/4/24. 3/5/24 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL.(mbh)
November 18, 2021 Opinion or Order Filing 5389 PRETRIAL ORDER NO. 9534 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL V CLAIM SUBMITTED BY THE ESTATE OF ALICE C. PETERSEN IS DENIED. CLAIMANT ESTATE OF ALICE C. PETERSEN IS NOT ENTITLED TO MATRIX A-1 LEVEL V BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/18/21. 11/18/21 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL.(mbh, )
December 2, 2020 Opinion or Order Filing 5380 PRETRIAL ORDER NO. 9529 THAT THE COMBINED MOTION SUMMARY JUDGMENT AND MOTION FOR FILING COSTS WAIVED IS DENIED IN PART, AND DENIED AS MOOT IN PART.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 12/2/2020. 12/3/2020 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE DOC 110644 IN 11-MD-1203)(kp,
November 22, 2019 Opinion or Order Filing 5371 PRETRIAL ORDER NO. 9517 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE MATRIX A-1 LEVEL III CLAIM SUBMITTED BY JULIE J. PANOUSSI IS DENIED. CLAIMANT JULIE J. PANOUSSI IS ENTITLED ONLY TO MATRIX B-1 LEVEL III BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/22/2019. 11/22/2019 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE DOC NO. 110630 IN 11-MD-1203)(kp, )
May 29, 2019 Opinion or Order Filing 5365 PRETRIAL ORDER NO. 9514 THAT AS USED HEREIN "LEVIN" MEANS LEVIN SEDRAN & BERMAN. THE COURT HEREBY APPROVES THE REIMBURSEMENT OF $6,754.10 IN LITIGATION EXPENSES INCURRED BY LEVIN AS OUTLINED HEREIN. IN ADDITION TO THE AMOUNTS PREVIOUSL Y AWARDED, THE COURT HEREBY AWARDS LEVIN AN ATTORNEYS' FEE IN THE AGGREGATE AMOUNT OF $233,057.12, TO BE PAID BY THE TRUST IN ACCORDANCE WITH THE TERMS OF THE STIPULATION BETWEEN WYETH AND CLASS COUNSEL WITH REGARD TO THE FUNDING OF FUTURE AWARDS OF CLASS RELATED FEES. NO EARLIER THAN 20 DAYS AFTER THE DATE OF THIS ORDER, THE TRUST SHALL DISBURSE THE PAYMENTS SET FORTH IN PARAGRAPH 2 OF THIS ORDER. IN ADDITION, THE COURT HEREBY AWARDS LEVIN AN ATTORNEYS' FEE IN THE AMOUNT OF $ ;28,562.50 TO BE PAID FROM FUNDS ON DEPOSIT IN THE MDL 1203 FEE AND COST ACCOUNT. NO EARLIER THAN 20 DAYS AFTER THE DATE OF THIS ORDER, HEATHER C. GIORDANELLA, ESQ. SHALL DISBURSE FROM SAID ACCOUNT THE PAYMENT SET FORTH IN PARAGRAPH 5 OF THIS ORDER AS OUTLINED HEREIN.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/29/2019. 5/30/2019 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE DOCKET NO. 110624 IN 11-MD-1203)(kp, )
August 7, 2018 Opinion or Order Filing 5336 PRETRIAL ORDER NO. 9505 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED, AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY DEBRA K. BROWNING AND HER SPOUSE, RICK E. BROWNING, ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/7/2018. 8/8/2018 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110610 IN 11-MD-1203) (ems)
June 26, 2018 Opinion or Order Filing 5332 PRETRIAL ORDER NO. 9502 THAT AS USED HEREIN, "LEVIN" MEANS LEVIN SEDRAN AND BERMAN. THE COURT HEREBY APPROVES THE REIBURSEMENT OF $15,842.17 IN LITIGATION EXPENSES INCURRED BY LEVIN, INCLUDING AMOUNTS PREVIOUSLY APPROVED BY THE COURT O R ADVANCED PURSUANT TO ORDER OF THE COURT, TO BE PAID, REIMBURSED AND/OR ALLOCATED AS OUTLINED HEREIN. IN ADDITION TO THE AMOUNTS PREVIOUSLY AWARDED IN PRETRIAL ORDER NOS. 2262, 2859, 7763A, 8516, 8646, 8869, 9102, 9294, 9398, 9465, AND 9490 THE COUR T HEREBY AWARDS LEVIN AN ATTORNEYS' FEE IN THE AGGREGATE AMOUNT OF $295,656.25 FOR CLASS ACTION WORK PERFORMED BY LEVIN DURING THE PERIOD FROM 1/1/2017 TO 12/31/2017; ETC. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/26/2018. 6/27/2018 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110606 IN 11-MD-1203) (ems)
June 8, 2018 Opinion or Order Filing 5328 PRETRIAL ORDER NO. 9500 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED, AND THAT THE MATRIX A-1, LEVEL III CLAIM SUBMITTED BY MIGUEL A. LARRIEU IS DENIED. CLAIMANT MIGUEL A. LARRIEU IS ENTITLED TO MATRIX B-1, LEVEL III BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/8/2018. 6/8/2018 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110603 IN 11-MD-1203) (ems)
June 30, 2017 Opinion or Order Filing 5307 PRETRIAL ORDER NO. 9490 THAT AS USED HEREIN, "LEVIN" MEANS LEVIN SEDRAN AND BERMAN. THE COURT HEREBY APPROVES THE REIBURSEMENT OF $18,519.58 IN LITIGATION EXPENSES INCURRED BY LEVIN, INCLUDING AMOUNTS PREVIOUSLY APPROVED BY THE COURT O R ADVANCED PURSUANT TO ORDER OF THE COURT, TO BE PAID, REIMBURSED AND/OR ALLOCATED AS OUTLINED HEREIN. IN ADDITION TO THE AMOUNTS PREVIOUSLY AWARDED IN PRETRIAL ORDER NOS. 7763A, 8516, 8646, 8869, 9102, 9294, 9398, AND 9465 THE COURT HEREBY AWARDS LE VIN AN ATTORNEYS' FEE IN THE AGGREGATE AMOUNT OF $539,575 FOR CLASS ACTION WORK PERFORMED BY LEVIN DURING THE PERIOD FROM JANUARY 1, 2016 TO DECEMBER 31, 2016; ETC. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/30/2017. 6/30/2017 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110592 IN 11-MD-1203) (ems)
April 18, 2017 Opinion or Order Filing 5300 PRETRIAL ORDER NO. 9487 THAT THE MOTION OF DANIEL AND LOUISA D'ANTONIO TO SUBMIT MR. D'ANTONIO'S PRIVATELY OBTAINED ECHOCARDIOGRAM AS TIMELY UNDER THE SETTLEMENT AGREEMENT IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/17/2017. 4/18/2017 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110588 IN 11-MD-1203) (ems)
March 9, 2017 Opinion or Order Filing 5295 PRETRIAL ORDER NO. 9485 THAT THE 9/19/2016 REPORT AND AWARD OF ARBITRATOR IS AFFIRMED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/9/2017. 3/9/2017 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110584 IN 11-MD-1203) (ems)
October 18, 2016 Opinion or Order Filing 5283 PRETRIAL ORDER NO. 9478 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX B-1, LEVEL V CLAIM SUBMITTED BY THE ESTATE OF ALICE F. WILSON IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 10/17/2016. 10/18/2016 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110576 IN 11-MD-1203) (ems)
September 30, 2016 Opinion or Order Filing 5280 PRETRIAL ORDER NO. 9477 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL IV CLAIM SUBMITTED BY CLAIMANT TAMMY RADANDT IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/30/2016. 9/30/2016 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110574 IN 11-MD-1203) (ems)
July 19, 2016 Opinion or Order Filing 5272 PRETRIAL ORDER NO. 9470 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED, AND THAT THE MATRIX A-1, LEVEL III CLAIM SUBMITTED BY THE ESTATE OF NINA M. WINN, IS DENIED. THE ESTATE OF NINA M. WINN IS ENTITLED ONLY TO MATRIX B-1, LEVEL III BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/19/2016. 7/19/2016 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110566 IN 11-MD-1203) (ems)
April 7, 2016 Opinion or Order Filing 5255 PRETRIAL ORDER NO. 9464 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED, AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT TAMARA J. SCHATZ AND HER SPOUSE, MICHAEL F. SCHATZ, ARE DENIED. CLAIMANT TAMARA J. S CHATZ AND HER SPOUSE. MICHAEL F. SCHATZ, ARE ENTITLED ONLY TO MATRIX B, LEVEL II BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/7/2016. 4/7/2016 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110557 IN 11-MD-1203) (ems)
April 6, 2016 Opinion or Order Filing 5253 PRETRIAL ORDER NO. 9463 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED, AND THAT THE MATRIX B, LEVEL III CLAIMS SUBMITTED BY CLAIMANT DANA G. ELLIS AND HER SPOUSE, RICK ELLIS, ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/6/2016. 4/6/2016 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110555 IN 11-MD-1203) (ems)
March 1, 2016 Opinion or Order Filing 5246 PRETRIAL ORDER NO. 9459 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED, AND THAT THE MATRIX A, LEVEL V CLAIMS SUBMITTED BY THE ESTATE OF DENNIS J. KENNEDY AND MR. KENNEDY'S SPOUSE, PATTI KENNEDY, ARE DENIED. THE ESTATE OF DENNIS J. KENNEDY AND MR. KENNEDY'S SPOUSE, PATTI KENNEDY, ARE ENTITLED ONLY TO MATRIX B, LEVEL V BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/1/2016. 3/2/2016 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110550 IN 11-MD-1203) (ems)
January 28, 2016 Opinion or Order Filing 5240 PRETRIAL ORDER NO. 9457 THAT THE MOTION/PETITION FOR RELIEF OF CLAIMANT NORMA SCHLAGER "RE COURT ORDERED PROCEDURE NO. 16, BASED UPON (1) EXCUSABLE NEGLECT, (2) LACK OF DUE PROCESS AS TO NOTICE OF COURT ORDERED PROCEDURE NO. 16 UNDER FED. R. CIV . P. 23, (3) CLARIFICATION AND INTERPRETATION OF COURT ORDERED PROCEDURE 16" (99-CV-20593, DOC. NO. 5224; 12-MD-1203, DOC. NO. 209438; 15-MD-1203, DOC. NO. 1339) IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/27/2016. 1/28/2016 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110545 IN 11-MD-1203) (ems)
July 1, 2015 Opinion or Order Filing 5207 PRETRIAL ORDER NO. 9424 THAT THE APPEAL OF CLAIMANT ESTATE OF CHARLES S. FOSTER FROM THE 2/25/2015 REPORT AND THE AWARD OF THE ARBITRATOR RELATED TO ITS CLAIM FOR MATRIX BENEFITS UNDER THE NATIONWIDE CLASS ACTION SETTLEMENT AGREEMENT IS DENIED AND THE REPORT AND AWARD OF THE ARBITRATOR IS AFFIRMED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/30/2015. 7/1/2015 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110511 IN 11-MD-1203) (ems)
June 17, 2015 Opinion or Order Filing 5201 PRETRIAL ORDER NO. 9419 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED, AND THAT CLAIMANTS DONALD R. REYNOLDS AND HIS SPOUSE, CAROLEJEAN REYNOLDS, ARE ENTITLED TO MATRIX A, LEVEL II MATRIX BENEFITS. THE TRUST SHALL PA Y SUCH BENEFITS IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND PRETRIAL ORDER NO. 2805, AND SHALL REIMBURSE CLAIMANTS FOR ANY TECHNICAL ADVISOR COSTS INCURRED IN THE SHOW CAUSE PROCESS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/17/2015. 6/17/2015 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110505 IN 11-MD-1203) (ems)
April 30, 2015 Opinion or Order Filing 5190 PRETRIAL ORDER NO. 9411 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED, AND THAT THE MATRIX B-1, LEVEL IV CLAIM SUBMITTED BY CLAIMANT ELSIE T. STISSI IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/30/2015. 4/30/2015 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110494 IN 11-MD-1203) (ems)
March 17, 2015 Opinion or Order Filing 5176 PRETRIAL ORDER NO. 9402 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED, AND THAT THE MATRIX B-1, LEVEL III CLAIM SUBMITTED BY THE ESTATE OF JENNIFER E. GRUNDNER IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/17/2015. 3/17/2015 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110482 IN 11-MD-1203) (ems)
March 3, 2015 Opinion or Order Filing 5169 PRETRIAL ORDER NO. 9398 THAT THE COURT HEREBY APPROVES THE REIMBURSEMENT OF $38,296.66 IN LITIGATION EXPENSES INCURRED BY LEVIN-FISHBEIN, INCLUDING AMOUNTS PREVIOUSLY APPROVED BY THE COURT OR ADVANCED PURSUANT TO ORDER OF THE COURT, TO BE PAID, REIMBURSED AND/OR ALLOCATED AS OUTLINED HEREIN. THE COURT HEREBY AWARDS LEVIN-FISHBEIN AN ATTORNEYS' FEE IN THE AGGREGATE AMOUNT OF $1,152,662.50 FOR WORK PERFORMED BY LEVIN-FISHBEIN DURING THE PERIOD FROM 1/1/2014 TO 12/31/2014; ETC.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/3/2015. 3/3/2015 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110475 IN 11-MD-1203) (ems)
January 13, 2015 Opinion or Order Filing 5155 PRETRIAL ORDER NO. 9388 THAT THE SEPTEMBER 13, 2014 REPORT AND AWARD OF THE ARBITRATOR OF THE APPEAL OF LINDA O. SMITH IS AFFIRMED WITH RESPECT TO THE FINDING AND CONCLUSION THAT THE NOVEMBER 7, 2001 E-MAIL OF THE AHP SETTLEMENT TRUST CONSTITUTED A D ENIAL OF MS. SMITH'S CLAIM FOR MATRIX BENEFITS. THE FINDINGS AND CONCLUSIONS OF THE ABRITRATOR ARE OTHERWISE REVERSED; AND THE MATTER IS REMANDED TO THE AHP SETTLEMENT TRUST TO CONDUCT THE APPROPRIATE AUDIT BASED UPON THE DECEMBER 2001 ECHOCARDIOGRAM AND OTHER DOCUMENTATION SUBMITTED BY MS. SMITH. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/13/2015. 1/13/2015 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER NO. 110461 IN 11-MD-1203).(ahf)
December 16, 2014 Opinion or Order Filing 5151 PRETRIAL ORDER NO. 9380 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT CLAIMANT SHEILA J. WALSH IS ENTITLED TO MATRIX A-1, LEVEL V MATRIX BENEFITS. THE TRUST SHALL PAY SUCH BENEFITS IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND PRETRIAL ORDER NO. 2805. SIGNED BY HONORABLE HARVEY BARTLE, III ON 12/16/2014. 12/17/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER NO. 110451 IN 11-MD-1203). (ahf)
November 4, 2014 Opinion or Order Filing 5140 PRETRIAL ORDER NO. 9369 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED, AND THAT THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT MARTHA M. BROWN IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/4/2014. 11/5/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110437 IN 11-MD-1203) (ems)
October 16, 2014 Opinion or Order Filing 5130 PRETRIAL ORDER NO. 9360 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX B-1, LEVEL III CLAIM SUBMITTED BY CLAIMANT JAMES P. HOLLEYHEAD IS DENIED; THE OBJECTIONS TO SPECIAL MASTER'S ORDER AND MO TION FOR INCLUSION OF THE CONTRIBUTIONS MADE BY DR. DLABAL TO THE RESPONSE TO THE TECHNICAL ADVISOR REPORT (DOC. NO.99-CV-20593; DOC. NO.4907) IS OVERRULED AS TO THE OBJECTIONS, AND DENIED AS TO THE MOTION FOR INCLUSION; AND THE MOTION TO FILE A SUPP LEMENTAL BRIEF IN REPLY TO AHP SETTLEMENT TRUST'S RESPONSE IN OPPOSITION TO CLAIMANT JAME P. HOLLEYHEAD'S OBJECTIONS TO SPECIAL MASTER'S ORDER AND MOTION FOR INCLUSION OF THE CONTRIBUTIONS MADE BY DR. DLABAL TO THE RESPONSE TO THE TECHNICAL ADVISOR REPORT (DOC. NO.99-CV-20593; DOC. NO.4920) IS GRANTED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 10/16/2014. 10/17/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE 11-MD-1203 PAPER NO.110424) (kk, )
September 24, 2014 Opinion or Order Filing 5124 PRETRIAL ORDER NO. 9352 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED, AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT ELIZABETH NIELSON AND HER SPOUSE, DEAN NIELSON, ARE DENIED.SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/23/2014. 9/24/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE 11-MD-1203 PAPER NO.110413)(kk, )
September 16, 2014 Opinion or Order Filing 5117 PRETRIAL ORDER NO. 9350 THAT THE APPEAL OF CLAIMANT CATHERINE M. KUKLA FROM THE 4/25/2013 REPORT AND AWARD OF THE ARBITRATOR RELATED TO HER CLAIM FOR MATRIX BENEFITS UNDER THE NATIONWIDE CLASS ACTION SETTLEMENT AGREEMENT IS DENIED AND THE REPORT AND AWARD OF THE ARBITRATOR IS AFFIRMED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/16/2014. 9/16/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110409 IN 11-MD-1203) (ems)
August 14, 2014 Opinion or Order Filing 5103 PRETRIAL ORDER NO. 9339 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX B-1, LEVEL V CLAIM SUBMITTED BY CLAIMANT CAROL J. MEYER IS DENIED; THE OBJECTIONS TO THE SPECIAL MASTER'S ORDER DENYING T HE INCLUSION IN THE SHOW CAUSE RECORD OF THE REBUTTAL OF DR. DLABAL TO THE REPORT OF THE TECHNICAL ADVISOR ARE OVERRULED; MOTION FOR INCLUSION OF THE CONTRIBUTION MADE BY DR. DLABAL TO THE RESPONSE TO THE TECHNICAL ADVISOR REPORT IS DENIED; THE MOTIO N TO FILE SUPPLEMENTAL BRIEF IN REPLY TO THE AHP SETTLEMENT TRUST'S RESPONSE IN OPPOSITION TO CLAIMANT CAROL J. MEYER'S OBJECTIONS TO SPECIAL MASTER'S ORDER AND MOTION FOR INCLUSION OF THE CONTRIBUTIONS MADE BY DR. DLABAL TO THE RESPONSE TO THE TECHNICAL ADVISOR REPORT IS GRANTED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/14/2014; 8/14/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110392 IN 11-MD-1203). (tjd)
July 23, 2014 Opinion or Order Filing 5087 PRETRIAL ORDER NO. 9331 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE MATRIX A, LEVEL III CLAIMS SUBMITTED BY CLAIMANT ROBERT E. STAGGS AND HIS SPOUSE JOAN E. STAGGS ARE DENIED; THE OBJECTIONS TO THE SPECIAL MASTER'S ORDER DENYING THE INCLUSION IN THE SHOW CAUSE RECORD OF THE REBUTTALS OF DR. FRAZIN AND DR. KOPPES TO THE REPORT OF THE TECHNICAL ADVISOR ARE OVERRULED AND THE MOTION FOR INCLUSION IS DENIED; THE MOTION TO FILE A SUPPLEMENTAL BRIEF IN R EPLY TO AHP SETTLEMENT TRUST'S RESPONSE IN OPPOSITION TO CLAIMANT ROBERT E. STAGG'S OBJECTIONS TO SPECIAL MASTER'S ORDER AND MOTION FOR INCLUSION OF THE CONTRIBUTIONS MADE BY DR. FRAZIN AND DR. KOPPES TO THE RESPONSES TO THE TECHNICAL ADVISOR REPORT IS GRANTED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/23/2014; 7/23/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110380 IN 11-MD-1203). (tjd)
July 11, 2014 Opinion or Order Filing 5079 PRETRIAL ORDER NO. 9318 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL V CLAIMS SUBMITTED BY THE ESTATE OF MICHAEL L. JONES AND MR. JONES'S SPOUSE JAN E. JONES ARE DENIED; THE ESTATE OF MICHAEL L. JONES AND JAN E. JONES ARE ENTITLED ONLY TO MATRIX B, LEVEL V BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/10/2014; 7/11/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110366 IN 11-MD-1203). (tjd)
June 18, 2014 Opinion or Order Filing 5068 PRETRIAL ORDER NO. 9295 THAT THE APPEAL OF CLAIMANT LIDYA N. GOLDSTEIN FROM JULY 5, 2013 REPORT AND AWARD OF THE ARBITRATOR RELATED TO HER CLAIM FOR MATRIX BENEFITS UNDER THE NATIONWIDE CLASS ACTION SETTLEMENT AGREEMENT IS DENIED AND THE REPORT AND AWARD OF THE ARBITRATOR IS AFFIRMED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/18/2014; 6/18/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110339 IN 11-MD-1203). (tjd)
June 17, 2014 Opinion or Order Filing 5066 PRETRIAL ORDER NO. 9294 THAT THE COURT APPROVES THE REIMBURSEMENT OF $58,336.37 IN LITIGATION EXPENSES INCURRED BY THE 2013 JOINT FEE APPLICANTS TO BE PAID, REIMBURSED AND/OR ALLOCATED AS OUTLINED HEREIN, ETC.; THE COURT AUTHORIZES THE TERMINATI ON OF THE CONSOLIDATED FUND A ESCROW ACCOUNT AND DIRECTS PNC BANK AS ESCROW AGENT FOR THE CONSOLIDATED FUND A ESCROW ACCOUNT TO PAY THE TRUST THE NET AMOUNT REMAINING IN THE CONSOLIDATED FUND A ESCROW ACCOUNT WITH SUCH NET AMOUNT TO BE INCLUDED IN TH E TRUST'S PAYMENT OF SUCH FEES AS IT IS AUTHORIZED HEREIN TO DISTRIBUTE TO THE 2013 JOINT FEE APPLICANTS; THE COURT AWARDS THE 2013 JOINT CLASS FEE APPLICANTS AN ATTORNEYS' FEE IN THE AGGREGATE AMOUNT OF $1,026,425 TO COMPENSATE THE 20 13 JOINT CLASS FEE APPLICANTS FOR WORK PERFORMED BY THEM DURING THE PERIOD FROM JANUARY 1, 2013 TO DECEMBER 31, 2013 AS OUTLINED HEREIN, ETC.; NO EARLIER THAN 20 DAYS AFTER THE DATE OF THIS ORDER AND AS SOON AS IS COMMERCIALLY REASONABLE THE TRUST SH ALL DISBURSE THE PAYMENTS SET FORTH IN PARAGRAPH 5 OF THIS ORDER; THE COURT AWARDS LEVIN, FISHBEIN, SEDRAN & BERMAN AN ATTORNEYS' FEE IN THE AGGREGATE AMOUNT OF $944,700 TO BE PAID FROM FUNDS ON DEPOSIT IN THE MDL 1203 FEE AND COST ACCOUNT; NO EARLIER THAN 20 DAYS FROM THE DATE OF THIS ORDER AND AS SOON AS IS REASONABLY PRACTICABLE GREGORY P. MILLER, ESQUIRE AS ESCROW AGENT FOR THE MDL 1203 FEE AND COST ACCOUNT SHALL DISBURSE FROM SAID ACCOUNT THE PAYMENT SET FORTH IN PARAGRAPH 7 OF THIS ORDER, ETC. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/17/2014; 6/18/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110337 IN 11-MD-1203). (tjd)
June 3, 2014 Opinion or Order Filing 5060 PRETRIAL ORDER NO. 9285 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL V CLAIMS SUBMITTED BY CLAIMANT PATRICK J. VENETZ AND HIS SPOUSE NANCY E. VENETZ ARE DENIED; CLAIMANT AND HIS SPOUSE ARE ENTITLED ONLY TO MATRIX B, LEVEL V BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/3/2014; 6/3/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110327 IN 11-MD-1203). (tjd)
April 16, 2014 Opinion or Order Filing 5046 PRETRIAL ORDER NO. 9226 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL III CLAIMS SUBMITTED BY THE ESTATE OF DENNIS J. KENNEDY AND MR. KENNEDY'S SPOUSE PATTI KENNEDY ARE DENIED; CLAIM ANT IS ONLY ENTITLED ONLY TO MATRIX B-1, LEVEL III BENEFITS; THE OBJECTIONS TO THE SPECIAL MASTER'S ORDER REFERRING CLAIM TO A TECHNICAL ADVISOR FOR REVIEW ARE OVERRULED AND THE MOTION TO CLOSE SHOW CAUSE RECORD IS DENIED; THE MOTION FOR INCLUSI ON OF THE CONTRIBUTIONS MADE BY DR. MUTTREJA AND DR. DLABAL TO THE RESPONSE TO THE TECHNICAL ADVISOR REPORT IS DENIED AND THE OBJECTIONS ARE OVERRULED; THE MOTION TO FILE SUPPLEMENTAL BRIEF IN REPLY TO AHP SETTLEMENT TRUST'S RESPONSE IN OPPOSITION TO CLAIMANT'S OBJECTIONS TO SPECIAL MASTER'S ORDER IS GRANTED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/15/2014; 4/16/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110262 IN 11-MD-1203). (tjd)
March 27, 2014 Opinion or Order Filing 5039 PRETRIAL ORDER NO. 9220 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL V CLAIM SUBMITTED BY THE ESTATE OF WESLEY H. SHERMANTINE, SR. IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/27/2014; 3/27/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110252 IN 11-MD-1203). (tjd)
March 26, 2014 Opinion or Order Filing 5037 PRETRIAL ORDER NO. 9219 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL III CLAIM SUBMITTED BY CLAIMANT FREDERICK W. SCHAUPP IS DENIED; CLAIMANT IS ENTITLED ONLY TO MATRIX B, LEVEL III BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/26/2014; 3/26/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110250 IN 11-MD-1203). (tjd)
March 25, 2014 Opinion or Order Filing 5031 PRETRIAL ORDER NO. 9214 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT SHARON K. WHITE AND HER SPOUSE LARRY S. WHITE ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/25/2014; 3/25/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110242 IN 11-MD-1203). (tjd)
March 20, 2014 Opinion or Order Filing 5024 PRETRIAL ORDER NO. 9209 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT JANICE I. OAKS (A/K/A JANICE I. PHILLIPS AND HER SPOUSE JAMIE W. OAKS ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/20/2014; 3/20/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110235 IN 11-MD-1203). (tjd)
February 5, 2014 Opinion or Order Filing 5002 PRETRIAL ORDER NO. 9203 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL III CLAIMS SUBMITTED BY CLAIMANT MICHAEL HIRSCHBEIN AND HIS SPOUSE SANDRA HIRSCHBEIN ARE DENIED; CLAIMANT AND HIS SPOUSE ARE ENTITLED ONLY TO MATRIX B, LEVEL III BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/5/2014; 2/6/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110219 IN 11-MD-1203). (tjd)
February 4, 2014 Opinion or Order Filing 4999 PRETRIAL ORDER NO. 9202 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX B, LEVEL IV CLAIMS SUBMITTED BY CLAIMANT EARLE G. MCNABB AND HIS SPOUSE ARDELLE MCNABB ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/4/2014; 2/4/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110216 IN 11-MD-1203). (tjd)
January 30, 2014 Opinion or Order Filing 4996 PRETRIAL ORDER NO. 9201 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX B-1, LEVEL III CLAIM SUBMITTED BY CLAIMANT CYNTHIA L. ELLIOTT IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/30/2014; 1/30/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110213 IN 11-MD-1203). (tjd)
January 29, 2014 Opinion or Order Filing 4994 PRETRIAL ORDER NO. 9200 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL V CLAIM SUBMITTED BY CLAIMANT COURTNEY J. SOLBERG IS DENIED; THE CLAIMANT IS ENTITLED ONLY TO MATRIX B-1, LEVEL III BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/29/2014; 1/30/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110211 IN 11-MD-1203). (tjd)
January 10, 2014 Opinion or Order Filing 4987 PRETRIAL ORDER NO. 9194 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT MATRIX A, LEVEL II CLAIMS SUBMITTED BY THE ESTATE OF THOMAS L. HAROLD AND ESTHER A. HAROLD, THOMAS L. HAROLD'S SPOUSE ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/10/2014; 1/10/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110202 IN 11-MD-1203). (tjd)
January 9, 2014 Opinion or Order Filing 4985 PRETRIAL ORDER NO. 9193 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL III CLAIMS SUBMITTED BY CLAIMANT RANDALL D. HERMAN AND HIS SPOUSE RAYNA HERMAN ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/9/2014; 1/9/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110200 IN 11-MD-1203). (tjd)
January 8, 2014 Opinion or Order Filing 4981 PRETRIAL ORDER NO. 9191 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT SANDRA K. PALMER AND HER SPOUSE RICHARD PALMER ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/8/2014; 1/8/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110196 IN 11-MD-1203). (tjd)
December 11, 2013 Opinion or Order Filing 4962 PRETRIAL ORDER NO. 9178 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED IN PART AND REVERSED IN PART; THE CLAIMS OF CLAIMANT HALE R. HARDING AND HIS SPOUSE JOANN D. HARDING FOR MATRIX A, LEVEL V BENEFITS ARE DENIED; C LAIMANT AND HIS SPOUSE ARE ENTITLED TO MATRIX B, LEVEL V BENEFITS; THE TRUST SHALL PAY SUCH BENEFITS IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND PTO NO. 2805 AND SHALL REIMBURSE MR. HARDING FOR ANY TECHNICAL ADVISOR COSTS INCURRED IN THE SHOW CAUSE PROCESS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 12/10/2013; 12/11/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110171 IN 11-MD-1203). (tjd)
December 5, 2013 Opinion or Order Filing 4958 PRETRIAL ORDER NO. 9174 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX B-1, LEVEL III CLAIM SUBMITTED BY CLAIMANT MARY S. WEBB IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 12/5/2013; 12/6/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110165 IN 11-MD-1203). (tjd)
November 26, 2013 Opinion or Order Filing 4951 PRETRIAL ORDER NO. 9168 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED IN PART AND REVERSED IN PART; THE CLAIM OF ROBERT J. JOHNSON FOR MATRIX A-1 BENEFITS AND HIS CLAIM FOR LEVEL V MATRIX BENEFITS ARE DENIED; CLAIMAN T IS ENTITLED ONLY TO MATRIX B-1, LEVEL IV BENEFITS; THE TRUST SHALL PAY SUCH BENEFITS IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND PTO NO. 2805 AND SHALL REIMBURSE MR. JOHNSON FOR ANY TECHNICAL ADVISOR COSTS INCURRED IN THE SHOW CAUSE PROCESS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/26/2013; 11/26/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110155 IN 11-MD-1203). (tjd)
November 21, 2013 Opinion or Order Filing 4947 PRETRIAL ORDER NO. 9167 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY THE ESTATE OF IRIS R. MARTIN AND DONALD H. MARTIN, IRIS R. MARTIN'S SPOUSE, ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/21/2013; 11/21/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110152 IN 11-MD-1203). (tjd)
November 20, 2013 Opinion or Order Filing 4943 PRETRIAL ORDER NO. 9165 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE MATRIX A-1, LEVEL III CLAIM SUBMITTED BY CLAIMANT BEVERLY A. ELLIS IS DENIED; CLAIMANT IS ENTITLED ONLY TO MATRIX B-1, LEVEL III BENEFITS; THE OBJECTIONS OF CLAIMANT BEVERLY A. ELLIS TO THE SPECIAL MASTER'S DENIAL OF CLAIMANT'S REQUEST FOR INCLUSION OF A SUPPLEMENTAL DECLARATION BY HER EXPERT IN THE SHOW CAUSE RECORD ARE OVERRULED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/20/2013; 11/20/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110148 IN 11-MD-1203). (tjd)
November 19, 2013 Opinion or Order Filing 4941 MEMORANDUM IN SUPPPORT OF SEAPARATE PRETRIAL ORDER NO. 9164 RE: CLAIMANT TONYA R. MARLER. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/19/2013; 11/20/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110145 IN 11-MD-1203). (tjd)
November 13, 2013 Opinion or Order Filing 4937 PRETRIAL ORDER NO. 9162 THAT THE MOTION OF JANICE E. MADKINS FOR RECONSIDERATION OF PTO NO. 7666 IS GRANTED IN PART AND DENIED IN PART; PTO NO. 9150 IS VACATED; THE REPORT AND AWARD DATED DECEMBER 28, 2012 CONCERNING THE CLAIM OF MS. MADKINS IS VACAT ED; THE OCTOBER 16, 2013 REQUEST OF MS. MADKINS TO CONSIDER "ADDITIONAL ENCLOSED 'PROGRESS NOTES'" IS REFERRED TO THE CHAIR OF THE ARBITRATION PANEL FOR DISPOSITION PURSUANT TO RULE 9.b OF THE RULES GOVERNING ARBITRATION PROCESS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/13/2013; 11/13/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110142 IN 11-MD-1203). (tjd)
November 1, 2013 Opinion or Order Filing 4933 PRETRIAL ORDER NO. 9160 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MAATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT RUTH A. SANDERS IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/1/2013; 11/1/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110139 IN 11-MD-1203). (tjd)
October 31, 2013 Opinion or Order Filing 4931 PRETRIAL ORDER NO. 9159 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT DOROTHY L. WILSON AND HER SON, RALPH W. PURDUN ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 10/30/2013; 10/31/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110137 IN 11-MD-1203). (tjd)
October 30, 2013 Opinion or Order Filing 4928 PRETRIAL ORDER NO. 9158 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT GRETA ZINK IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 10/30/2013; 10/31/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110135 IN 11-MD-1203). (tjd)
October 29, 2013 Opinion or Order Filing 4926 PRETRIAL ORDER NO. 9157 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT VERDEAN DAUGHERTY AND HIS SPOUSE MARCIA DAUGHERTY ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 10/29/2013; 10/29/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110133 IN 11-MD-1203). (tjd)
October 9, 2013 Opinion or Order Filing 4913 PRETRIAL ORDER NO. 9155 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT KENNETH HARLEY IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 10/9/2013; 10/9/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110130 IN 11-MD-1203). (tjd)
September 26, 2013 Opinion or Order Filing 4904 PRETRIAL ORDER NO. 9150 THAT THE APPEAL OF CLAIMANT JANICE E. MADKINS FROM THE DECEMBER 28, 2012 REPORT AND AWARD OF THE ARBITRATOR IS DENIED AND THE REPORT AND AWARD OF THE ARBITRATOR IS AFFIRMED; THE ORDER TO SHOW CAUSE REGARDING CLAIMANT JANICE E. MADKINS IS MOOT AND VACATED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/26/2013; 9/26/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110122 IN 11-MD-1203). (tjd)
September 25, 2013 Opinion or Order Filing 4901 MEMORANDUM IN SUPPORT OF SEPARATE PRETRIAL ORDER NO. 9149 RE: CLAIMANT TOM S. YEARY. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/25/2013; 9/25/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110119 IN 11-MD-1203). (tjd)
September 23, 2013 Opinion or Order Filing 4898 PRETRIAL ORDER NO. 9147 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED, AND THAT THE MATRIX A, LEVEL III CLAIMS SUBMITTED BY CLAIMANT ROBERT CHAPMAN AND HIS SPOUSE, JAMIE G. CHAPMAN, ARE ENTITLED ONLY TO MATRIX B, LEV EL III BENEFITS; THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED, AND THAT THE MATRIX A, LEVEL V CLAIM SUBMITTED BY THE ESTATE OF ROBERT CHAPMAN, IS DENIED, CLAIMANT THE ESTATE OF ROBERT CHAPMAN IS ENTITLED ONLY TO MATRIX B , LEVEL V BENEFITS; AND THE MOTION FOR AUTHORIZATION AND INSTRUCTION FOR AHP SETTLEMENT TRUST TO PAY ROBERT CHAPMAN ON HIS MATRIX CLAIM (DOC. NO.3974(99-CV-20593)) IS DENIED.SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/23/2013. 9/24/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE 11-MD-1203 PAPER NO.110116) (kk, )
September 18, 2013 Opinion or Order Filing 4889 PRETRIAL ORDER NO. 9141 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT CLAIMANT KAREN L. CLARK AND HER SPOUSE LARRY CLARK ARE ENTITLED TO MATRIX A, LEVEL V MATRIX BENEFITS, ETC. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/18/2013; 9/18/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110106 IN 11-MD-1203). (tjd)
August 21, 2013 Opinion or Order Filing 4881 PRETRIAL ORDER NO. 9134 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL III CLAIM SUBMITTED BY CLAIMANT DONNA M. RIVAS IS DENIED; CLAIMANT IS ENTITLED ONLY TO MATRIX B-1, LEVEL III BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/21/2013; 8/21/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110097 IN 11-MD-1203). (tjd)
August 20, 2013 Opinion or Order Filing 4878 PRETRIAL ORDER NO. 9133 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL III CLAIM SUBMITTED BY CLAIMANT BETHANY MASSEY IS DENIED; CLAIMANT IS ENTITLED ONLY TO MATRIX B-1, LEVEL III BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/20/2013; 8/20/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110095 IN 11-MD-1203). (tjd)
August 16, 2013 Opinion or Order Filing 4876 PRETRIAL ORDER NO. 9132 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED IN PART AND REVERSED IN PART; CLAIMANT JOHN V. DAVIS IS ENTITLED TO MATRIX B-1, LEVEL V BENEFITS; THE TRUST SHALL PAY SUCH BENEFITS IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND PTO NO. 2805; THE MOTION OF CLAIMANT JOHN V. DAVIS FOR INCLUSION OF THE SUPPLEMENTAL DECLARATION OF HIS EXPERT IN THE SHOW CAUSE RECORD IS DENIED AS MOOT; THE MOTION OF CLAIMANT JOHN V. DAVIS TO FILE A S UPPLEMENTAL BRIEF IN REPLY TO HIS MOTION FOR INCLUSION OF THE SUPPLEMENTAL DECLARATION OF HIS IN THE SHOW CAUSE RECORD IS DENIED AS MOOT. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/16/2013; 8/16/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110093 IN 11-MD-1203). (tjd)
August 13, 2013 Opinion or Order Filing 4871 PRETRIAL ORDER NO. 9129 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT LORRAINE HART IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/13/2013; 8/13/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110088 IN 11-MD-1203). (tjd)
August 12, 2013 Opinion or Order Filing 4869 PRETRIAL ORDER NO. 9127 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT KAREN BONZON AND HER SPOUSE DENNIS BONZON ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/12/2013; 8/12/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110085 IN 11-MD-1203). (tjd)
July 23, 2013 Opinion or Order Filing 4867 PRETRIAL ORDER NO. 9114 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT DEBRA A. WEST IS DENIED; THE MOTION OF CLAIMANTS DEBRA A. WEST AND OTHERS TO ENFORCE PTO NO. 5632 IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/23/2013; 7/24/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110071 IN 11-MD-1203). (tjd)
July 11, 2013 Opinion or Order Filing 4860 PRETRIAL ORDER NO. 9112 THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT DEBBIE GORDON AND HER SPOUSE LEE GORDON ARE DENIED; THE MOTION OF CLAIMANT DEBBIE GORDON TO ENFORCE THE SETTLEMENT AGREEMENT IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/11/2013; 7/11/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110067 IN 11-MD-1203). (tjd)
July 10, 2013 Opinion or Order Filing 4858 PRETRIAL ORDER NO. 9111 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT TAMARA J. SCHATZ AND HER SPOUSE MICHAEL F. SCHATZ ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/10/2013; 7/11/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110065 IN 11-MD-1203). (tjd)
July 2, 2013 Opinion or Order Filing 4853 MEMORANDUM IN SUPPORT OF SEPARATE PRETRIAL ORDER NO. 9105 RE: MOTION OF THE ESTATE OF JESSIE M. JONES TO SUBMIT A CLAIM FOR MATRIX BENEFITS WITHOUT PROVIDING AN ECHOCARDIOGRAM. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/2/2013; 7/2/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110057 IN 11-MD-1203). (tjd)
June 27, 2013 Opinion or Order Filing 4845 PRETRIAL ORDER NO. 9100 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX B, LEVEL II CLAIMS SUBMITTED BY CLAIMANT JUDY K. BELL AND HER SPOUSE GLENDON BELL ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/27/2013; 6/27/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110049 IN 11-MD-1203). (tjd)
June 26, 2013 Opinion or Order Filing 4842 PRETRIAL ORDER NO. 9098 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT JANICE M. CHAFFINS IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/26/2013; 6/27/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110045 IN 11-MD-1203). (tjd)
June 25, 2013 Opinion or Order Filing 4840 PRETRIAL ORDER NO. 9096 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL III CLAIMS SUBMITTED BY CLAIMANT PAMELA MATLOCK AND HER SPOUSE WAYNE MATLOCK ARE ENTITLED ONLY TO MATRIX B, LEVEL III BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/25/2013; 6/26/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE 11-MD-1203 PAPER NO.110042) (kk, )
June 21, 2013 Opinion or Order Filing 4835 PRETRIAL ORDER NO. 9094 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT MYRA J. HILTON AND HER SPOUSE JOHNNY B. HILTON ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/21/2013; 6/21/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110037 IN 11-MD-1203). (tjd)
June 20, 2013 Opinion or Order Filing 4833 PRETRIAL ORDER NO. 9093 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL V CLAIMS SUBMITTED BY CLAIMANT THE ESTATE OF KENNETH L. WRIGHT AND DECENDENT'S SPOUSE EMMA L. WRIGHT ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/20/2013; 6/21/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110035 IN 11-MD-1203). (tjd)
June 19, 2013 Opinion or Order Filing 4829 PRETRIAL ORDER NO. 9091 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX B, LEVEL II CLAIMS SUBMITTED BY CLAIMANT YOLANDA DRUMWRIGHT AND HER CHILDREN TIA, TAMDRA, AND TIONEE DRUMWRIGHT ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/19/2013; 6/19/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110032 IN 11-MD-1203). (tjd)
June 6, 2013 Opinion or Order Filing 4820 PRETRIAL ORDER NO. 9087 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANTS KELLY M. WOODMAN AND HER BROTHER JEFFREY A. WOLCOTT ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/6/2013; 6/6/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110020 IN 11-MD-1203). (tjd)
June 5, 2013 Opinion or Order Filing 4816 PRETRIAL ORDER NO. 9085 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL III CLAIM SUBMITTED BY CLAIMANT TAMARA GLASER IS DENIED; CLAIMANT IS ENTITLED ONLY TO MATRIX B-1, LEVEL III BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/5/2013; 6/5/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110016 IN 11-MD-1203). (tjd)
May 30, 2013 Opinion or Order Filing 4804 PRETRIAL ORDER NO. 9078 THAT THE FINAL POST-AUDIT DETERMINAITON OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT CLAIMANT DANA R. DANCER IS ENTITLED TO MATRIX B-1, LEVEL V BENEFITS; THE TRUST SHALL PAY SUCH BENEFITS IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND PTO NO. 2805. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/30/2013; 5/30/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110005 IN 11-MD-1203). (tjd)
May 29, 2013 Opinion or Order Filing 4801 PRETRIAL ORDER NO. 9077 THAT THE MOTION OF CLAIMANT KAREN L. CLARK TO FILE A SUPPLEMENTAL BRIEF IN REPLY TO THE TRUST'S RESPONSE IN OPPOSITION TO CLAIMANT'S MOTION TO CLOSE THE SHOW CAUSE RECORD IS GRANTED; THE MOTION OF CLAIMANT TO CLOSE THE SHOW CAUSE RECORD IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/29/2013; 5/29/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110003 IN 11-MD-1203). (tjd)
May 22, 2013 Opinion or Order Filing 4791 PRETRIAL ORDER NO. 9073 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT CAROL LAFLEUR AND HER SPOUSE KEVIN R. LAFLEUR ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/22/2013; 5/22/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109996 IN 11-MD-1203). (tjd)
May 21, 2013 Opinion or Order Filing 4783 PRETRIAL ORDER NO. 9070 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL III CLAIM SUBMITTED BY CLAIMANT MICHELLE L. STANFORD IS DENIED; CLAIMANT IS ENTITLED ONLY TO MATRIX B-1, LEVEL III BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/21/2013; 5/21/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109990 IN 11-MD-1203). (tjd)
May 14, 2013 Opinion or Order Filing 4773 SUPPLEMENTAL MEMORANDUM IN SUPPORT OF PRETRIAL ORDER NO. 9061 RE: CLAIMANT GRACE ERDMAN'S MOTION TO COMPEL. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/14/2013; 5/15/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109984 IN 11-MD-1203). (tjd)
May 10, 2013 Opinion or Order Filing 4771 PRETRIAL ORDER NO. 9065 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT JANICE I. PHILLIPS AND HER SPOUSE JAMIE W. OAKS ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/10/2013; 5/10/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109983 IN 11-MD-1203). (tjd)
May 9, 2013 Opinion or Order Filing 4762 PRETRIAL ORDER NO. 9062 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT RHONDA MURRAY IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/9/2013; 5/10/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109977 IN 11-MD-1203). (tjd)
May 8, 2013 Opinion or Order Filing 4759 PRETRIAL ORDER NO. 9060 THAT THE FINAL POST-AUDIT DETERMINATIONS OF THE AHP SETTLEMENT TRUST ARE AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CELESTE A. BARKER ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/8/2013; 5/9/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109974 IN 11-MD-1203). (tjd)
May 3, 2013 Opinion or Order Filing 4752 PRETRIAL ORDER NO. 9055 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT JEAN NINEMIRE IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/3/2013; 5/3/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109965 IN 11-MD-1203). (tjd)
May 2, 2013 Opinion or Order Filing 4750 PRETRIAL ORDER NO. 9054 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT JOYCE A. THRALLS, HER SPOUSE RODNEY E. THRALLS, AND HER CHILD ROBERT H. CZARNECKI, JR. ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/2/2013; 5/3/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109963 IN 11-MD-1203). (tjd)
April 30, 2013 Opinion or Order Filing 4743 PRETRIAL ORDER NO. 9052 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT CLAIMANT KIM L. SCHEPP OS ENTITLED TO MATRIX A-1, LEVEL III BENEFITS. THE TRUST SHALL PAY SUCH BENEFITS IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND PRETRIAL ORDER NO.2805. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/30/2013. 4/30/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL.(SEE 11-MD-1203 PAPER NO.109959) (kk, )
April 12, 2013 Opinion or Order Filing 4725 PRETRIAL ORDER NO. 9045 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT ROBERT A. MILLER AND HIS SPOUSE SHEILA R. MILLER ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/12/2013; 4/12/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109945 IN 11-MD-1203). (tjd)
April 9, 2013 Opinion or Order Filing 4720 PRETRIAL ORDER NO. 9043 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANTS LINDA POTTER AND HER SPOUSE, DAVID A. POTTER ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/8/2013; 4/9/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109942 IN 11-MD-1203). (tjd)
April 5, 2013 Opinion or Order Filing 4717 PRETRIAL ORDER NO. 9041 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT NANCY L. FEMMER AND HER SPOUSE DOUGLAS E. FEMMER ARE DENIED; THE MOTION OF CLAIMANT NANCY L. FEMMER FOR INCLUSION OF EXPERT REPORT IN THE SHOW CAUSE RECORD IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/5/2013; 4/5/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109939 IN 11-MD-1203). (tjd)
April 4, 2013 Opinion or Order Filing 4715 PRETRIAL ORDER NO. 9040 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT CHRISTEEN K. RIGHTNAR IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/4/2013; 4/4/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109937 IN 11-MD-1203). (tjd)
April 3, 2013 Opinion or Order Filing 4712 PRETRIAL ORDER NO. 9038 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT KATHLEEN S. BRANDT AND HER SPOUSE JOHN H. BRANDT ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/2/2013; 4/3/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109934 IN 11-MD-1203). (tjd)
April 2, 2013 Opinion or Order Filing 4710 PRETRIAL ORDER NO. 9037 THAT THE MOTION OF WYETH TO ENJOIN PURSUANT TO PTO NO. 2383 AS TO CLASS MEMBER LINDA MILO IS GRANTED; PLAINTIFF IS ENJOINED FROM PURSUING HER LAWSUIT FROM THE COURT OF COMMON PLEAS OF PHILADELPHIA. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/2/2013; 4/2/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109932 IN 11-MD-1203). (tjd)
March 26, 2013 Opinion or Order Filing 4704 PRETRIAL ORDER NO. 9032 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANTS JEANNETTE PEARSON AND HER SPOUSE GEORGE PEARSON ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/26/2013; 3/27/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109926 IN 11-MD-1203). (tjd)
March 8, 2013 Opinion or Order Filing 4685 PRETRIAL ORDER NO. 9024 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT KATHY CAUSEY AND HER CHILDREN CHRISTOPHER D. CAUSEY AND RHETT E. CAUSEY ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/7/2013; 3/8/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109910 IN 11-MD-1203). (tjd)
February 28, 2013 Opinion or Order Filing 4680 PRETRIAL ORDER NO. 9016 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX B, LEVEL II CLAIMS SUBMITTED BY CLAIMANTS MARILYNN L. SCOTT AND HER CHILD KIRSTEN I. BUCHER ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/28/2013; 2/28/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109896 IN 11-MD-1203). (tjd)
February 27, 2013 Opinion or Order Filing 4670 PRETRIAL ORDER NO. 9011 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANTS MARIA B. NEWCOMB AND HER SPOUSE GEORGE A. NEWCOMB ARE DENIED; THIS CLAIMANT'S CLAIM FOR FUND A BENEFITS ALSO IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/27/2013; 2/27/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109886 IN 11-MD-1203). (tjd)
February 26, 2013 Opinion or Order Filing 4666 PRETRIAL ORDER NO. 9009 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT CLAIMANT CLYDE L. MINOR, JR. AND HIS SPOUSE SHELLE MINOR ARE ENTITLED TO MATRIX A, LEVEL III BENEFITS; THE TRUST SHALL PAY SUCH BENEFITS IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND PTO NO. 2805. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/26/2013; 2/26/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109882 IN 11-MD-1203). (tjd)
February 25, 2013 Opinion or Order Filing 4660 PRETRIAL ORDER NO. 9003 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT DEMETRIUS REID, HER SPOUSE EUGENE REID III, AND HER CHILDREN, DANIELLE REID AND SYDNEY REID ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/25/2013; 2/25/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109875 IN 11-MD-1203). (tjd)
February 1, 2013 Opinion or Order Filing 4650 PRETRIAL ORDER NO. 9001 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT MARY L. RHODES AND HER SPOUSE THOMAS K. RHODES ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/1/2013; 2/1/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109867 IN 11-MD-1203). (tjd)
January 31, 2013 Opinion or Order Filing 4646 PRETRIAL ORDER NO. 8999 THAT THE POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT BETHANY K. DIGGS IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/31/2013; 1/31/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109863 IN 11-MD-1203). (tjd)
January 30, 2013 Opinion or Order Filing 4644 PRETRIAL ORDER NO. 8998 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT MATRIX A, LEVEL III CLAIMS SUBMITTED BY CLAIMANT GERADLINE JAMES AND HER SPOUSE SAMUEL G. JAMES ARE ENTITLED ONLY TO MATRIX B, LEVEL III BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/30/2013; 1/30/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109861 IN 11-MD-1203). (tjd)
January 16, 2013 Opinion or Order Filing 4636 PRETRIAL ORDER NO. 8991 THAT THE MOTION OF WYETH PURSUANT TO PTO NO. 2382 TO ENFORCE PTO NO. 1415 AS TO CLASS MEMBER CHRISTA MCNUTT IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/16/2013; 1/16/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109853 IN 11-MD-1203). (tjd)
January 8, 2013 Opinion or Order Filing 4633 PRETRIAL ORDER NO. 8989 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE MATRIX A, LEVEL II CLAIM SUBMITTED BY NICHOLAS NAPORA IS DENIED; THE MOTION FOR RELIEF FROM THE 7TH AMENDMENT IS DENIED; THE MOTION FOR 7T H AMENDMENT MONTHLY REPORTS AND INFORMATION ON HOW ACTUAL CLAIMS ARE BEING REVIEWED IS DENIED; THE MOTION FOR DISCLOSURE OF ALL AUDITOR PASS RATES IS DENIED; THE MOTION OF WYETH FOR AN EXTENSION OF TIME TO REPLY TO THE MOTION FOR DISCLOSURE OF ALL AU DITOR PASS RATES IS GRANTED; THE MOTION TO CEASE ALL ACTIVITY AT THE TRUST, ETC. IS DENIED; THE MOTION FOR AN ORDER DIRECTING THE TRUST TO TURN OVER EVIDENCE, CONCLUSIONS, EXPERT OPINIONS, AND LAWYER CONVERSATIONS THAT FACTORED INTO HIS FINAL POST-AU DIT DETERMINATION IS DENIED; THE MOTION FOR RELIEF FROM THE 7TH AMENDMENT IS DENIED; THE MOTION FOR LEAVE TO FILE A REBUTTAL TO THE OPINION OF THE AUDITOR IS DENIED; THE MOTION FOR RELIEF AND RELEASE OF FUNDS FROM THE 7TH AMENDMENT IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/8/2013; 1/8/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109850 IN 11-MD-1203). (tjd)
December 12, 2012 Opinion or Order Filing 4625 PRETRIAL ORDER NO. 8984 THAT THE MOTION OF SHERRY J. SIFFORD TO DETERMINE REGISTRATION FOR BENEFITS UNDER THE TERMS OF THE DIET DRUG SETTLEMENT AGREEMENT AS IT EXISTED BEFORE THE SEVENTH AMENDMENT AND MOTION TO PROCESS HER CLAIM FOR CATEGORY TWO BENE FITS ARE DENIED; THE MOTION OF SHERRY J. SIFFORD TO GRANT PRIOR MOTIONS AS UNCONTESTED OR IN THE ALTERNATIVE MOTION FOR ORAL HEARING ON THE PRIOR MOTIONS IS DENIED; THE MOTION OF SHERRY J. SIFFORD TO FILE SUPPLEMENTAL BRIEF IN REPLY TO THE RESPONSE OF AHP SETTLEMENT TRUST IS GRANTED AND THE CLERK IS DIRECTED TO DOCKET HER REPLY. SIGNED BY HONORABLE HARVEY BARTLE, III ON 12/12/2012; 12/12/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109844 IN 11-MD-1203). (tjd)
November 28, 2012 Opinion or Order Filing 4615 PRETRIAL ORDER NO. 8976 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL III CLAIM SUBMITTED BY CLAIMANT MARJORIE H. GENDREAU IS DENIED; THIS CLAIMANT IS ENTITLED ONLY TO MATRIX B-1, LEVEL III BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/28/2012; 11/28/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LLIAISON COUNSEL. (SEE PAPER # 109831 IN 11-MD-1203). (tjd)
November 27, 2012 Opinion or Order Filing 4610 PRETRIAL ORDER NO. 8974 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT BARBARA CARTER AND HER SPOUSE ROY M. CARTER ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/27/2012; 11/27/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109826 IN 11-MD-1203). (tjd)
November 21, 2012 Opinion or Order Filing 4608 PRETRIAL ORDER NO. 8973 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT SYDNEY DAVIS IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/21/2012; 11/21/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109824 IN 11-MD-1203). (tjd)
November 20, 2012 Opinion or Order Filing 4602 PRETRIAL ORDER NO. 8971 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX B-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT DIANE BOULANGER IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/20/2012; 11/21/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109820 IN 11-MD-1203). (tjd)
November 15, 2012 Opinion or Order Filing 4592 PRETRIAL ORDER NO. 8967 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT GRETA B. WADLINGTON AND HER SPOUSE RICHARD L. WADLINGTON ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/15/2012; 11/16/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109813 IN 11-MD-1203). (tjd)
November 7, 2012 Opinion or Order Filing 4576 PRETRIAL ORDER NO. 8957 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT NANCY I. GRAVES AND HER SPOUSE, MICHAEL R. GRAVES ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/6/2012; 11/7/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109799 IN 11-MD-1203). (tjd)
October 25, 2012 Opinion or Order Filing 4565 PRETRIAL ORDER NO. 8951 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT DORIS LEGGITT AND HER SPOUSE WILLIAM P. LEGGITT ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 10/25/2012; 10/25/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109789 IN 11-MD-1203). (tjd)
October 24, 2012 Opinion or Order Filing 4563 PRETRIAL ORDER NO. 8950 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1 LEVEL V CLAIM SUBMITTED BY CLAIMANT ELLIOT J. PALAY IS DENIED; WYETH'S MOTION FOR LEAVE TO PARTICIPATE IN THE SHOW CA USE PROCEEDING AND TO LIMIT THE SCOPE OF THAT PROCEEDING IS DENIED AS MOOT; THE APPEAL TO THE DISTRICT COURT FROM THE TRUSTEES' AND/OR CLAIMS ADMINISTRATOR'S DETERMINATION OF BENEFITS IS DISMISSED AS MOOT. SIGNED BY HONORABLE HARVEY BARTLE, III ON 10/24/2012; 10/24/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109787 IN 11-MD-1203). (tjd)
August 30, 2012 Opinion or Order Filing 4548 PRETRIAL ORDER NO. 8933 THAT THE MOTION OF WYETH, LLC TO ENJOIN PLAINTIFF VALARIE FARMER UNDER PTO NOS. 1415 AND 2383 FROM PROSECUTING HER ACTION IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PA IS DENIED; THE MOTION OF WYETH, LLC TO ENJOIN PL AINTIFF JAMIE D. CHEEK UNDER PTO NOS. 1415 AND 2383 FROM PROSECUTING HER ACTION IN THE DISTRICT OF SOUTH CAROLINA IS DENIED; THE MOTION OF WYETH, LLC TO EXCLUDE THE EXPERT TESTIMONY ON THE ISSUE OF CAUSATION OF PRIMARY PULMONARY HYPERTENSION PROFFERE D BY JAMIE D. CHEEK IN THE DISTRICT OF SOUTH CAROLINA IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/30/2012; 8/30/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109768 IN 11-MD-1203). (tjd) (Main Document 4548 replaced on 8/30/2012) (tjd, ).
August 28, 2012 Opinion or Order Filing 4544 PRETRIAL ORDER NO. 8930 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED; THE MATRIX A, LEVEL IV CLAIMS SUBMITTED BY CLAIMANT ELAINE P. TASSINARI AND HER SPOUSE, FREDERICK J. TASSINARI ARE DENIED; THEY ARE ONLY ENTITLED TO MATRIX B, LEVEL IV BENEFITS, ETC.; THE APPEAL OF CLAIMANT ELAINE P. TASSINARI IS DISMISSED AS MOOT. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/28/2012; 8/29/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109764 IN 11-MD-1203). (tjd)
August 22, 2012 Opinion or Order Filing 4540 PRETRIAL ORDER NO. 8929 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT SANDRA WOLLSCHLAGER AND HER SPOUSE, ROBERT B. WOLLSCHLAGER ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/21/2012; 8/22/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109762 IN 11-MD-1203). (tjd)
August 17, 2012 Opinion or Order Filing 4533 PRETRIAL ORDER NO. 8926 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT CLAIMANT PATRICIA DRENNEN IS ENTITLED TO MATRIX B-1, LEVEL IV BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/17/2012; 8/17/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109757 IN 11-MD-1203). (tjd)
August 8, 2012 Opinion or Order Filing 4530 PRETRIAL ORDER NO. 8922 THAT THE APEEAL OF THE ESTATE OF CLAIMANT JERYL LEAKS FROM THE REPORT AND AWARD OF THE ARBITRATOR RELATED TO HIS CLAIM FOR MATRIX BENEFITS UNDER THE NATIONWIDE CLAS ACTION SETTLEMENT AGREEMENT IS DENIED AND THE REPORT AND AWARD OF THE ARBITRATOR IS AFFIRMED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/8/2012; 8/9/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109752 IN 11-MD-1203). (tjd)
August 7, 2012 Opinion or Order Filing 4528 PRETRIAL ORDER NO. 8921 THAT THE MOTION OF WYETH TO ENFORCE THE SETTLEMENT AGREEMENT PURSUANT TO PTO NO. 2383 AGAINST GREGG HALE AS INDEPENDENT EXECUTOR OF THE ESTATE OF SUSAN KAY YOUNG IS GRANTED, ETC. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/7/2012; 8/8/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109750 IN 11-MD-1203). (tjd)
July 11, 2012 Opinion or Order Filing 4511 PRETRIAL ORDER NO. 8909 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT MARY J. DALEY AND HER SPOUSE, JOHN M. DALEY, ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/11/2012. 7/11/2012 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL.(SEE 11-MD-1203 PAPER NO. 109735) (kk, )
June 20, 2012 Opinion or Order Filing 4500 PRETRIAL ORDER NO. 8898 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT SHARON K. LAY IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/20/2012. 6/20/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109720 IN 11-MD-1203). (ems)
June 19, 2012 Opinion or Order Filing 4497 PRETRIAL ORDER NO. 8897 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND CLAIMANT LINDA R. BURGER IS ENTITLED TO MATRIX A-1, LEVEL III BENEFITS, ETC. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/19/2012; 6/20/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109718 IN 11-MD-1203).(tjd)
June 6, 2012 Opinion or Order Filing 4490 PRETRIAL ORDER NO. 8887 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT WILLIAM L. NEILSON AND HIS FIANCEE FRANCES M. RIZZO ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/6/2012; 6/7/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109707 IN 11-MD-1203). (tjd)
May 31, 2012 Opinion or Order Filing 4482 PRETRIAL ORDER NO. 8883 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIM SUBMITTED BY DENNIS L. EAKLE AND THE DERIVATIVE CLAIM OF HIS SPOUSE JANICE L. EAKLE ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/30/2012; 6/1/2012 ENTERED AND COPIES MAILED AND E-MAILED. (SEE PAPER # 109700 IN 11-MD-1203). (tjd)
May 14, 2012 Opinion or Order Filing 4469 PRETRIAL ORDER NO. 8869 RE: THE JOINT PETITION FOR AN AWARD OF ATTORNEYS' FEES AND EXPENSE REIMBURSEMENTS RELATING TO COMMON BENEFIT WORK PERFORMED FROM JANUARY 1, 2011 THROUGH DECEMBER 31, 2011, THE COURT APPROVES THE REIMBURSEMENT OF $89,123.93 IN LITIGATION EXPENSES INCURRED BY THE CURRENT JOINT FEE APPLICANTS AS OUTLINED HEREIN, ETC.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/11/2012; 5/14/2012 ENTERED AND COPIES MAILED AND E-MAILED. (SEE PAPER # 109682 IN 11-MD-1203). (tjd)
February 22, 2012 Opinion or Order Filing 4424 PRETRIAL ORDER NO. 8822 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL III CLAIMS SUBMITTED BY CLAIMANT ROBERTA HABERMAN AND HER SPOUSE SAM HABERMAN ARE DENIED, THEY ARE ENTITLED ONLY TO M ATRIX B, LEVEL III BENEFITS; THE MOTION OF ROBERTA HABERMAN TO FILE A REPLY IN SUPPORT OF HER MOTION TO COMPEL AND TO ENFORCE IS DENIED AS MOOT; THE MOTION OF ROBERTA HABERMAN TO FILE AN AMENDED SUPPLEMENTAL REPLY IN SUPPORT OF HER MOTION TO COMPEL A ND TO ENFORCE IS GRANTED AND THE CLERK IS DIRECTED TO DOCKET HER REPLY; THE MOTION OF ROBERTA HABERMAN TO COMPEL AND TO ENFORCE IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/22/2012; 2/23/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109630 IN 11-MD-1203). (tjd)
February 8, 2012 Opinion or Order Filing 4417 PRETRIAL ORDER NO. 8811 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT JUDTT KLEIN AND HER SPOUSE CARL A. RIEDEL ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/8/2012; 2/8/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109618 IN 11-MD-1203). (tjd)
February 7, 2012 Opinion or Order Filing 4415 PRETRIAL ORDER NO. 8810 THAT THE MOTION OF WYETH TO ENFORCE THE SETTLEMENT AGREEMENT PURSUANT TO PTO NO. 2383 AGAINST TRACY RANDOW IS GRANTED; WITHIN 14 DAYS OF THE DATE OF THIS ORDER TRACY RANDOW AND HER COUNSEL ARE TO TAKE ALL NECESSARY AND APPROPR IATE STEPS TO EFFECT THE DISMISSAL WITH PREJUDICE OF THE RANDOW V. PFIZER, INC. ACTION IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PA. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/7/2012; 2/8/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109616 IN 11-MD-1203). (tjd)
January 5, 2012 Opinion or Order Filing 4356 PRETRIAL ORDER NO. 8754 THAT THE MOTION OF CLAIMANT EVA J. BURGESS TO FILE A SUPPLEMENTAL BRIEF IN REPLY TO RESPONSE OF THE AHP SETTLEMENT TRUST IS GRANTED AND THE CLERK OF COURT IS DIRECTED TO DOCKET CLAIMANT'S REPLY; THE MOTION TO PROCESS CLAI MS FOR CATEGORY TWO BENEFITS IS DENIED; AND THE MOTION TO GRANT PRIOR MOTION AS UNCONTESTED, OR IN THE ALTERNATIVE, MOTION FOR ORAL HEARING ON THE PRIOR MOTION IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/5/2012; 1/6/2012 ENTERED AND COPIES MAILED AND E-MAILED. (SEE PAPER #109559 IN 11-MD-1203)(tomg )
December 28, 2011 Opinion or Order Filing 4342 PRETRIAL ORDER NO. 8743 THAT THE MOTION OF LINDA SMITH TO FILE A SUPPLEMENTAL BRIEF IN REPLY TO THE ANSWER OF AHP SETTLEMENT TRUST (DOC. NO. 99-20593; ENTRY NO. 4245) IS GRANTED AND THE CLERK OF COURT IS DIRECTED TO DOCKET HER REPLY; THE MOTION OF LINDA SMITH FOR A PROTECTIVE ORDER (DOC. NO.99-20593; ENTRY NO.4236) IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 12/27/2011. 12/28/2011 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL.(SEE 11-MD-1203 PAPER NO.109546) (kk, )
August 15, 2011 Opinion or Order Filing 4267 PRETRIAL ORDER NO.8665 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT ANGELA K. TWETE IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/15/2011. 8/15/2011 ENTERED AND COPIES MAILED AND E-MAILED.(SEE 11-MD-1203 PAPER NO.109463) (kk, )
August 8, 2011 Opinion or Order Filing 4264 PRETRIAL ORDER NO.8661 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL III CLAIM SUBMITTED BY CLAIMANT HAZEL J. MOREHOUSE IS DENIED, CLAIMANT HAZEL J. MOREHEAD IS ENTITLD ONLY TO MATRIX B-1, LEVEL III BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/8/2011. 8/8/2011 ENTERED AND COPIES MAILED, E-MAILED.(SEE 11-MD-1203 PAPER NO.109458) (kk, )
July 20, 2011 Opinion or Order Filing 4255 PRETRIAL ORDER NO. 8658 THAT THE MOTION OF CHERYL GREEN "TO APPEAL HER CLAIM" AND "CONTESTING THE SEVENTH AMENDMENT CLASS ACTION SUIT" IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/20/2011; 7/21/2011 ENTERED AND COPIES MAILED AND E-MAILED. (SEE PAPER # 109452 IN 11-MD-1203). (tjd)
July 19, 2011 Opinion or Order Filing 4249 PRETRIAL ORDER NO. 8655 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT CLAIMANT SANDRA J. PENDERGRASS AND HER SPOUSE RICKY L. PENDERGRASS ARE ENTITLED TO MATRIX A, LEVEL BENEFITS, ETC. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/19/2011; 7/20/2011 ENTERED AND COPIES MAILED AND E-MAILED. (SEE PAPER # 109446 IN 11-MD-1203). (tjd)
June 2, 2011 Opinion or Order Filing 4235 PRETRIAL ORDER NO. 8646 RE: THE JOINT PETITION FOR AN AWAARD OF ATTORNEYS' FEES AND EXPENSE REIMBURSEMENTS RELATING TO COMMON BENEFIT WORK PERFORMED FROM JANURY 1, 2010 THROUGH DECEMBER 31, 2010 THAT THE COURT HEREBY APPROVES THE REIMBURSEMENT O F $160,290.88 IN LITIGATION EXPENSES INCURRED BY THE CURRENT JOINT FEE APPLICANTS AS OUTLINED HEREIN, ETC.; NO EARLIER THAN 20 DAYS FROM THE DATE OF THIS ORDER THE ESCROW AGENT FOR THE MDL 1203 FEE AND COST ACCOUNT SHALL DISBURSE FROM SAID ACCOU NT THE PAYMENT SET FORTH IN PARAGRAPH 6 OF THIS ORDER, ETC.; WITHIN 5 DAYS FROM THE DATE OF THIS ORDER PNC, AS THE ESCROW AGENT FOR THE FUND A ESCROW ACCOUNT AND THE FUND B ATTORNEYS' FEES ACCOUNT SHALL TRANSFER THE ENTIRE AMOUNT ON DEPOSIT IN THE FUND B ATTORNEYS' FEES ACCOUNT INTO THE FUND A ESCROW ACCOUNT. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/2/2011; 6/2/2011 ENTERED AND COPIES MAILED AND E-MAILED. (SEE PAPER # 109433 IN 11-MD-1203). (tjd)
April 20, 2011 Opinion or Order Filing 4224 PRETRIAL ORDER NO. 8636 THAT JAMES B. KOZMA'S MOTION TO HAVE A SECOND ECHOCARDIOGRAM REVIEWED BY THE FUND ADMINISTRATOR IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/20/2011; 4/21/2011 ENTERED AND COPIES MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109422 IN 11-MD-1203). (tjd)
April 18, 2011 Opinion or Order Filing 4222 PRETRIAL ORDER NO. 8635 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT CLAIMANT NANCY O'DELL IS ENTITLED TO MATRIX B-1, LEVEL II BENEFITS; THE TRUST SHALL PAY SUCH BENEFITS IN ACCORDANCE WITH THE TERMS O F THE SETTLEMENT AGREEMENT AND PTO NO. 2805 AND SHALL REIMBURSE MS. O'DELL FOR ANY TECHNICAL ADVISOR COSTS INCURRED IN THE SHOW CAUSE PROCESS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/18/2011; 4/18/2011 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109420 IN 11-MD-1203). (tjd)
April 1, 2011 Opinion or Order Filing 4216 MEMORANDUM IN SUPPORT OF SEPARATE PRETRIAL ORDER NO.8631 RE: CLAIMANT REBECCA THOMPSON. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/1/2011; 4/4/2011 ENTERED AND COPIES MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE 11-MD-1203 PAPER NO.109414). (kk, )
March 31, 2011 Opinion or Order Filing 4215 PRETRIAL ORDER NO. 8630 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT MARY DICKINSON AND HER SPOUSE JAMES T. DICKINSON ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/31/2011; 3/31/2011 ENTERED AND COPIES MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109413 IN 11-MD-1203). (tjd)
March 9, 2011 Opinion or Order Filing 4208 PRETRIAL ORDER NO. 8624 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT THE ESTATE OF SHARON M. DROWNS IS ENTITLED TO MATRIX B-1, LEVEL V BENEFITS; THE TRUST SHALL PAY SUCH BENEFITS IN ACCORDANCE WITH THE TERM S OF THE SETTLEMENT AGREEMENT AND PTO NO. 2805 AND SHALL REIMBURSE THE ESTATE FOR ANY TECHNICAL ADVISOR COSTS INCURRED IN THE SHOW CAUSE PROCESS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/9/2011; 3/10/2011 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109406 IN 11-MD-1203). (tjd)
February 25, 2011 Opinion or Order Filing 4189 PRETRIAL ORDER NO. 8609 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT THE ESTATE OF LANELL BOTTS AND SPOUSE THOMAS H. BOTTS ARE ENTITLED TO MATRIX B, LEVEL V BENEFITS; THE TRUST SHALL PAY SUCH BENEFITS IN AC CORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND PTO NO. 2805 AND SHALL REIMBURSE THE ESTATE FOR ANY TECHNICAL ADVISOR COSTS INCURRED IN THE SHOW CAUSE PROCESS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/25/2011; 2/25/2011 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109389 IN 11-MD-1203). (tjd)
February 23, 2011 Opinion or Order Filing 4184 PRETRIAL ORDER NO. 8606 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT TERRI ZINNIKAS AND HER SPOUSE JOHN ZINNIKAS ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/23/2011; 2/23/2011 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109384 IN 11-MD-1203). (tjd)
February 8, 2011 Opinion or Order Filing 4178 PRETRIAL ORDER NO. 8598 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANTS KAREN OSBORNE AND HER SPOUSE, EDWIN OSBORNE ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/8/2011; 2/9/2011 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109375 IN 11-MD-1203). (tjd)
February 7, 2011 Opinion or Order Filing 4176 PRETRIAL ORDER NO. 8596 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT MONICA L. KRAUSE AND HER SPOUSE, ALAN B. KRAUSE ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/7/2011; 2/8/2011 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109372 IN 11-MD-1203). (tjd)
February 3, 2011 Opinion or Order Filing 4174 PRETRIAL ORDER NO. 8595 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT THE ESTATE OF LESLIE D. WOOLFOLK IS ENTITLED TO MATRIX A-1, LEVEL V BENEFITS; THE TRUST SHALL PAY SUCH BENEFITS IN ACCORDANCE WITH THE TE RMS OF THE SETTLEMENT AGREEMENT AND PTO NO. 2805 AND SHALL REIMBURSE THE ESTATE FOR ANY TECHNICAL ADVISOR COSTS INCURRED IN THE SHOW CAUSE PROCESS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/3/2011; 2/3/2011 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109370 IN 11-MD-1203). (tjd)
February 2, 2011 Opinion or Order Filing 4172 PRETRIAL ORDER NO. 8594 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL IV CLAIMS SUBMITTED BY CLAIMANT RICHARD M. FARR AND HIS CHILD HEATHER E. FARR ARE DENIED; THEY ARE ONLY ENTITLED TO M ATRIX B, LEVEL IV BENEFITS; THE OMNIBUS MOTION REGARDING CLAIM OF RICHARD FARR FOR MATRIX A BENEFITS AND DISCOVERY OF FRAUDULENT TAMPERING OF AUDIT RESULTS IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/2/2011; 2/3/2011 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109368 IN 11-MD-1203). (tjd)
January 26, 2011 Opinion or Order Filing 4170 PRETRIAL ORDER NO. 8592 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT THE ESTATE OF CAROLE E. GILLEN IS ENTITLED TO MATRIX A-1, LEVEL V BENEFITS; THE TRUST SHALL PAY SUCH BENEFITS IN ACCORDANCE WITH THE TERM S OF THE SETTLEMENT AGREEMENT AND PTO NO. 2805 AND SHALL REIMBURSE THE ESTATE FOR ANY TECHNICAL ADVISOR COSTS INCURRED IN THE SHOW CAUSE PROCESS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/26/2011; 1/26/2011 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109365 IN 11-MD-1203). (tjd)
November 16, 2010 Opinion or Order Filing 4151 PRETRIAL ORDER NO. 8563 THAT THE POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX B, LEVEL II CLAIMS SUBMITTED BY CLAIMANTS LINDA M. PFLUG AND HER SPOUSE RICHARD G. PFLUG ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/16/2010; 11/16/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109333 IN 11-MD-1203). (tjd)
November 15, 2010 Opinion or Order Filing 4149 PRETRIAL ORDER NO. 8562 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL III CLAIMS SUBMITTED BY CLAIMANT TERRY ROSSELL AND HIS SPOUSE, VIRGINIA K. ROSSELL ARE DENIED; CLAIMANT IS ENTITLED ONLY TO MATRIX B, LEVEL III BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/15/2010; 11/16/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109330 IN 11-MD-1203). (tjd)
November 5, 2010 Opinion or Order Filing 4143 PRETRIAL ORDER NO. 8558 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL V CLAIM SUBMITTED BY CLAIMANT WILLIAM MUNCE IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/5/2010; 11/8/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109324 IN 11-MD-1203). (tjd)
September 30, 2010 Opinion or Order Filing 4130 PRETRIAL ORDER NO. 8547 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT BRENDA BOLDING IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/30/2010; 9/30/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109311 IN 11-MD-1203). (tjd)
September 28, 2010 Opinion or Order Filing 4128 PRETRIAL ORDER NO. 8546 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL V CLAIM SUBMITTED BY LONNIE D. GLEAVE IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/28/2010; 9/29/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109309 IN 11-MD-1203). (tjd)
September 24, 2010 Opinion or Order Filing 4126 PRETRIAL ORDER NO. 8545 THAT THE POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT CLAIMANTS CELESTINE JENKINS AND HER SPOUSE, FELTON JENKINS, SR., ARE ENTITLED TO MATRIX B, LEVEL III BENEFITS, ETC. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/24/2010. 9/24/2010 ENTERED AND COPIES MAILED, E-MAILED.(SEE 11-MD-1203 PAPER NO.109307) (kk, )
September 7, 2010 Opinion or Order Filing 4119 PRETRIAL ORDER NO. 8531 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE LEVEL II MATRIX CLAIMS SUBMITTED BY CLAIMANT CHARLENE A. TODD AND HER SPOUSE JEFFREY A. TODD ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/7/2010; 9/7/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109290 IN 11-MD-1203). (tjd)
September 3, 2010 Opinion or Order Filing 4116 PRETRIAL ORDER NO. 8529 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL III CLAIMS SUBMITTED BY CLAIMANT HELEN GOODMAN AND HER SPOUSE AUSTIN A. GOODMAN ARE DENIED; CLAIMANT IS ENTITLED ONLY TO MATRIX B, LEVEL III BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/3/2010; 9/3/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109287 IN 11-MD-1203). (tjd)
September 2, 2010 Opinion or Order Filing 4114 PRETRIAL ORDER NO. 8527 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT JUDY HOLMES AND HER SPOUSE LARRY G. HOLMES ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/2/2010; 9/2/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109284 IN 11-MD-1203). (tjd)
September 1, 2010 Opinion or Order Filing 4108 PRETRIAL ORDER NO. 8524 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL V CLAIM SUBMITTED BY CLAIMANT VAUGHNCILLE MOLDEN IS DENIED; CLAIMANT IS ENTITLED ONLY TO MATRIX B-1, LEVEL V BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/1/2010; 9/2/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109278 IN 11-MD-1203). (tjd)
August 31, 2010 Opinion or Order Filing 4106 PRETRIAL ORDER NO. 8523 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT LORILEE A. GILL, HER SPOUSE RICK A. GILL AND HER CHILD PAIGE D. GILL ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/31/2010; 9/1/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109276 IN 11-MD-1203). (tjd)
August 30, 2010 Opinion or Order Filing 4100 PRETRIAL ORDER NO. 8520 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT THE ESTATE OF GAIL M. MCDONALD IS ENTITLED TO MATRIX A-1, LEVEL V BENEFITS; THE TRUST SHALL PAY SUCH BENEFITS IN ACCORDANCE WITH THE TERM S OF THE SETTLEMENT AGREEMENT AND PTO NO. 2805 AND SHALL REIMBURSE THE ESTATE FOR ANY TECHNICAL ADVISOR COSTS INCURRED IN THE SHOW CAUSE PROCESS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/30/2010; 8/30/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109270 IN 11-MD-1203). (tjd)
August 19, 2010 Opinion or Order Filing 4094 MEMORANDUM IN SUPPORT OF SEPARATE PRETRIAL ORDER NO. 8517 RE: CLAIMANT LAWRENCE BRYSON. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/19/2010; 8/19/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109264 IN 11-MD-1203). (tjd)
August 18, 2010 Opinion or Order Filing 4087 PRETRIAL ORDER NO. 8513 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL V CLAIMS SUBMITTED BY CLAIMANT GARY SEAT, REPRESENTATIVE OF THE ESTATE OF LINDA SEAT AND MS. SEAT'S SPOUSE GARY SEAT ARE DENIED; THEY ARE ENTITLED ONLY TO MATRIX B, LEVEL V BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/18/2010; 8/19/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109257 IN 11-MD-1203). (tjd)
July 29, 2010 Opinion or Order Filing 4084 PRETRIAL ORDER NO. 8511 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL III CLAIM SUBMITTED BY CLAIMANT JOYCE S. ROESER IS DENIED; CLAIMANT JOYCE S. ROESER IS ENTITLED ONLY TO MATRIX B-1, LEVEL III BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/29/2010; 7/30/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109254 IN 11-MD-1203). (tjd)
July 2, 2010 Opinion or Order Filing 4074 PRETRIAL ORDER NO. 8506 THAT THE JOINT MOTION BY WYETH LLC AND CLASS COUNSEL FOR APPROVAL OF THE TENTH AMENDMENT TO THE NATIONWIDE CLASS ACTION SETTLEMENT AGREEMENT IS GRANTED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/2/2010; 7/2/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109246 IN 11-MD-1203). (tjd)
July 1, 2010 Opinion or Order Filing 4061 PRETRIAL ORDER NO. 8498 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT CARIE BARKER IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/1/2010; 7/1/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109235 IN 11-MD-1203). (tjd)
June 30, 2010 Opinion or Order Filing 4058 PRETRIAL ORDER NO. 8497 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT MARTI CHIZAR IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/30/2010; 7/1/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109232 IN 11-MD-1203). (tjd)
June 4, 2010 Opinion or Order Filing 4028 MEMORANDUM AND/OR OPINION PRETRIAL ORDER NO 8480 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT CLAIMANTS FAYE E. COBB AND HER SPOUSE, L.C. COBB, ARE ENTITLED TO LEVEL II MATRIX BENEFITS.(SSE PAPER NO 109209 IN 11-1203) SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/4/2010. 6/4/2010 ENTERED AND COPIES MAILED, E-MAILED. (kk, )
May 19, 2010 Opinion or Order Filing 4015 PRETRIAL ORDER NO. 8475 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT LINDA D. HEDDLESTEN AND HER SPOUSE ROBERT C. HEDDLESTEN ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/19/2010; 5/20/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109201 IN 11-MD-1203). (tjd)
May 12, 2010 Opinion or Order Filing 4008 PRETRIAL ORDER NO. 8472 THAT THE MOTION OF ANGELA MONTGOMERY TO "ENFORCE SETTLEMENT AGREEMENT AND FOR DECLARATION OF RIGHTS AND OTHER RELIEF" IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/12/2010; 5/13/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109196 IN 11-MD-1203). (tjd)
April 27, 2010 Opinion or Order Filing 3993 PRETRIAL ORDER NO. 8468 THAT THE JOINT MOTION TO EXTEND TIME TO RESPOND TO WYETH'S MOTION PURSUANT TO PTO 2383 TO ENFORCE PTO 1415 AS TO CLASS MEMBER SANDRA BIRGE IS GRANTED; PLAINTIFF SANDRA BIRGE'S RESPONSE TO WYETH'S MOTION IF ANY SHALL BE DUE ON MAY 28, 2010. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/27/2010; 4/28/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109191 IN 11-MD-1203).(tjd)
April 26, 2010 Opinion or Order Filing 3987 PRETRIAL ORDER NO. 8465 THAT THE POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT SANDI J. HANSON AND HER SPOUSE MARK M. HANSON ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/26/2010; 4/27/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109187 IN 11-MD-1203). (tjd)
April 6, 2010 Opinion or Order Filing 3972 PRETRIAL ORDER NO. 8450 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT BETTY BROWN-RIDDLE AND HER SPOUSE JAMES E. RIDDLE ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/6/2010; 4/6/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109167 IN 11-MD-1203). (tjd)
March 31, 2010 Opinion or Order Filing 3968 PRETRIAL ORDER NO. 8445 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX B, LEVEL II CLAIMS SUBMITTED BY CLAIMANT CHERYL GIERKE AND HER SPOUSE LYLE L. GRINDAHL ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/31/2010; 4/1/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109161 IN 11-MD-1203). (tjd)
March 29, 2010 Opinion or Order Filing 3963 PRETRIAL ORDER NO. 8443 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE CLAIM FOR MATRIX BENEFITS SUBMITTED BY CLAIMANT PETER H. BERG IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/29/2010; 3/30/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109157 IN 11-MD-1203). (tjd)
March 24, 2010 Opinion or Order Filing 3955 PRETRIAL ORDER NO. 8439 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT LORRAINE M. FENGEL AND HER SPOUSE GALE B. FENGEL ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/24/2010; 3/24/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109150 IN 11-MD-1203). (tjd)
March 18, 2010 Opinion or Order Filing 3950 PRETRIAL ORDER NO.8437 THAT THE POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT JANICE WRIGHT IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/18/10. 3/19/10 ENTERED AND COPIES MAILED, E-MAILED. (SEE 11-MD-1203 PAPER NO.109146) (kk, )
March 17, 2010 Opinion or Order Filing 3943 PRETRIAL ORDER NO. 8434 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL III CLAIM SUBMITTED BY CLAIMANT JANET GLADWIN IS DENIED; THIS CLAIMANT IS ENTITLED ONLY TO MATRIX B-1, LEVEL III BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/17/2010; 3/18/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109140 IN 11-MD-1203). (tjd)
March 15, 2010 Opinion or Order Filing 3941 PRETRIAL ORDER NO. 8429 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT SHERRI L. BROWN IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/15/2010; 3/16/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109134 IN 11-MD-1203). (tjd)
March 12, 2010 Opinion or Order Filing 3937 PRETRIAL ORDER NO. 8427 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT CLAIMANT JACQUELINE HUNECKE IS ENTITLED TO MATRIX A-1, LEVEL II BENEFITS; THE TRUST SHALL PAY SUCH BENEFITS IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND PTO NO. 2805 AND SHALL REIMBURSE CLAIMANT FOR ANY TECHNICAL ADVISOR COSTS INCURRED IN THE SHOW CAUSE PROCESS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/12/2010; 3/15/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109130 IN 11-MD-1203). (tjd)
March 11, 2010 Opinion or Order Filing 3935 PRETRIAL ORDER NO. 8426 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX B, LEVEL II CLAIMS SUBMITTED BY CLAIMANT ELDEANE SHEFFER AND HER SPOUSE BERT D. SHEFFER ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/11/2010; 3/12/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109128 IN 11-MD-1203). (tjd)
March 10, 2010 Opinion or Order Filing 3929 PRETRIAL ORDER NO. 8423 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT VIRGINIA MCCLURE IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/10/2010; 3/11/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109122 IN 11-MD-1203). (tjd)
March 9, 2010 Opinion or Order Filing 3920 PRETRIAL ORDER NO. 8414 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE MATRIX A-1, LEVEL IV CLAIM SUBMITTED BY CLAIMANT JUDITH BRASSFIELD IS DENIED; CLAIMANT IS ENTITLED ONLY TO MATRIX B-1, LEVEL IV BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/9/2010; 3/10/2010 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109109 IN 11-MD-1203). (tjd)
March 5, 2010 Opinion or Order Filing 3912 PRETRIAL ORDER NO. 8409 THAT THE POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT SUAN FRANDSEN AND HER SPOUSE, TORI FRANDSEN ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/5/10; 3/8/10 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109099 IN 11-MD-1203). (tjd)
March 3, 2010 Opinion or Order Filing 3908 PRETRIAL ORDER NO. 8407 THAT THE POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL II CLAIMS SUBMITTED BY CLAIMANT KEVIN ELDER AND HIS SPOUSE, JEAN ELDER ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/3/10; 3/3/10 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109096 IN 11-MD-1203). (tjd)
March 2, 2010 Opinion or Order Filing 3906 PRETRIAL ORDER NO. 8404 THAT THE POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE MATRIX B-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT RICHARD HERNON IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/1/10; 3/2/10 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109092 IN 11-MD-1203). (tjd)
February 22, 2010 Opinion or Order Filing 3901 PRETRIAL ORDER NO. 8403 THAT THE POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE MATRIX A-1, LEVEL 1 CLAIM SUBMITTED BY CLAIMANT VAUGHN BROTTON IS DENIED; CLAIMANT IS ENTITLED ONLY TO MATRIX B-1, LEVEL 1 BENEFITS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/22/10; 2/22/10 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109090 IN 11-MD-1203). (tjd)
February 9, 2010 Opinion or Order Filing 3893 PRETRIAL ORDER NO. 8398 THAT THE POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT DONNA GLACH IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/9/10; 2/9/10 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109083 IN 11-MD-1203). (tjd)
February 5, 2010 Opinion or Order Filing 3889 PRETRIAL ORDER NO. 8395 THAT THE POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE LEVEL II MATRIX CLAIMS SUBMITTED BY CLAIMANTS SHELLEY MURPHY AND HER SPOUSE, RONALD C. MURPHY ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/5/10; 2/9/10 ENTERED AND COPIES MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109078 IN 11-MD-1203). (tjd)
January 29, 2010 Opinion or Order Filing 3884 PRETRIAL ORDER NO. 8385 THAT THE POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE MATRIX A-1, LEVEL II CLAIM SUBMITTED BY CLAIMANT MELINDA FUGITT IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/29/10; 1/29/10 ENTERED AND COPIES MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109066 IN 11-MD-1203). (tjd)
January 7, 2010 Opinion or Order Filing 3878 PRETRIAL ORDER NO.8380 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE LEVEL II MATRIX CLAIMS SUBMITTED BY CLAIMANT ROBERTA EBBERT AND HER SON, ALEXANDER EBBERT, ARE DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/7/10. 1/8/10 ENTERED AND COPIES MAILED AND E-MAILED.(SEE 11-MD-1203 PAPER NO.109058) (kk, )
September 11, 2009 Opinion or Order Filing 3816 PRETRIAL ORDER NO. 8278 THAT THE MOTION OF WYETH FOR SUMMARY JUDGMENT AS TO THE CLAIMS OF ANTHONY EARL SYKES IS GRANTED; JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT WYETH AND AGAINST THE PLAINTIFF ANTHONY EARL SYKES. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/10/09; 9/11/09 ENTERED AND COPIES MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 108940 IN 11-MD-1203). (tjd)
August 27, 2009 Opinion or Order Filing 3811 PRETRIAL ORDER NO. 8266 THAT THE "MOTION FOR RECONSIDERATION/MODIFICATION OF PTO 7763 UNDER F.R.C.P. 60(b)" IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/27/09; 8/28/09 ENTERED AND COPIES MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 108927 IN 11-MD-1203). (tjd)
August 19, 2009 Opinion or Order Filing 3805 PRETRIAL ORDER NO. 8254 THAT TEH FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT CLAIMANT CHERYL EAST DE AMICI IS ENTITLED TO MATRIX A, LEVEL II BENEFITS. THE TRUST SHALL PAY SUCH BENEFITS IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND PRETRIAL ORDER NO. 2805, AND SHALL REIMBURSE CLAIMANT FOR ANY TECHNIICAL ADVISOR COSTS INCURRED IN THE SHOW CAUSE PROCESS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/19/09. 8/20/09 ENTERED AND COPIES MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 108913 IN 11-MD-1203).(ah)
July 1, 2009 Opinion or Order Filing 3793 PRETRIAL ORDER NO. 8215 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT CLAIMANTS PHYLLIS MIRE AND HER SPOUSE, LLOYD MIRE ARE ENTITLED TO MATRIX A-1, LEVEL II BENEFITS AS OUTLINED IN THIS ORDER, ETC. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/1/09; 7/2/09 ENTERED AND COPIES MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 108871 IN 11-MD-1203). (tjd)
June 29, 2009 Opinion or Order Filing 3786 PRETRIAL ORDER NO. 8208 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED IN PART AND REVERSED IN PART; CLAIMANT CHARLOTTE MCKINLEY IS ENTITLED TO MATRIX B-1, LEVEL I BENEFITS ONLY AS OUTLINED IN THIS ORDER, ETC. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/29/09; 6/30/09 ENTERED AND COPIES MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 108860 IN 11-MD-1203). (tjd)
June 26, 2009 Opinion or Order Filing 3784 PRETRIAL ORDER NO. 8207 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT CLAIMANT KRISTI R. SAUL IS ENTITLED TO MATRIX A, LEVEL II BENEFITS AS OUTLINED IN THIS ORDER, ETC. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/26/09; 6/29/09 ENTERED AND COPIES MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 108858 IN 11-MD-1203). (tjd)
June 23, 2009 Opinion or Order Filing 3781 PRETRIAL ORDER NO. 8202 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND CLAIMANT GLORIA LINMAN IS ENTITLED TO MATRIX A, LEVEL II BENEFITS; THE TRUST SHALL PAY SUCH BENEFITS IN ACCORDANCE WITH PTO NO. 2805 AND SHALL REIMBURSE CLAIMANT FOR ANY TECHNICAL ADVISOR COSTS INCURRED IN THE SHOW CAUSE PROCESS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/23/09; 6/23/09 ENTERED AND COPIES MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 108851 IN 11-MD-1203). (tjd)
April 9, 2009 Opinion or Order Filing 3736 MEMORANDUM IN SUPPORT OF SEPERATE PRETRIAL ORDER NO. 8139 THAT THE MAY 21, 2008 REPORT AND AWARD OF THE ARBITRATOR RELATED TO THE CLAIMS OF DR. MICHAEL IVY FOR MATRIX BENEFITS UNDER THE NATIONWIDE CLASS ACTION SETTLEMENT AGREEMENT IS AFFIRMED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/8/09. 4/9/09 ENTERED AND COPIES MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 108785 IN 11-MD-1203).(ah)
April 2, 2009 Opinion or Order Filing 3727 MEMORANDUM IN SUPPORT OF SEPARATE PRETRIAL ORDER NO. 8130 THAT THE MOTION OF WYETH FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART; THE MOTION OF WYETH FOR SUMMARY JUDGMENT IS GRANTED WITH RESPECT TO PLAINTIFFS' CLAIM IN COUNT III OF THE COMPLAINT AND WITH RESPECT TO COUNTS I, II, II, IV, V, AND VI BUT ONLY TO THE EXTENT THESE CLAIMS ARE BASED ON A FAILURE TO WARN; JUDGMENT IS ENTERED IN FAVOR OF WYETH AND AGAINST THE PLAINTIFFS RAGENA J. MIZE CROWE, INDIVIDUALLY AS AUTHORIZED PE RSONAL REPRESENTATIVE OF THE ESTATE OF HER DECEASED HUSBAND RUSSELL E. CROWE AND AS NEXT FRIEND FOR AND ON BEHALF OF HER CHILDREN RACHELLE J. CROWE AND RYAN R. CROWE WITH RESPECT TO COUNT III OF THE COMPLAINT AND WITH RESPECT TO COUNTS I, II, IV, V, AND VI BUT ONLY TO THE EXTENT THESE CLAIMS ARE BASED ON A FAILURE TO WARN; THE MOTION OF WYETH FOR SUMMARY JUDGMENT IS DENIED IN ALL OTHER RESPECTS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/2/09; 4/2/09 ENTERED AND COPIES MAILED AND DISTRIBUTED TO LIAISON COUSNEL AND E-MAILED. (SEE PAPER # 108776 IN 11-MD-1203). (tjd)
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