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In re Abilify (Aripiprazole) Products Liability Litigation

United States District Court, N.D. Florida, Pensacola Division

December 21, 2019

IN RE ABILIFY ARIPIPRAZOLE PRODUCTS LIABILITY LITIGATION This Document Relates to All Cases

          Gary Jones Magistrate Judge.

          ORDER REGARDING AWARD OF COMMON BENEFIT FEES AND EXPENSES

          M. Casey Rodgers United States District Judge.

         This matter is before the Court on Special Master Ellen Reisman's Report and Recommendation Regarding Award of Common Benefit Fees and Expenses, ECF No. 1219. Plaintiffs have been furnished a copy of the Report and Recommendation and were afforded an opportunity to file objections pursuant to Federal Rule of Civil Procedure 53(f)(1). No objections were filed.

         On de novo review, the Court finds that the Special Master's findings and conclusions are detailed and well-supported by the record and the law. The fact that the Special Master's recommendations received unanimous agreement from all interested counsel is a testament both to the reasonableness of the fee and expense allocation, and to the exceptional skill and expertise of the Special Master, the CPA, and their teams. The Court greatly appreciates their hard work, creativity, and commitment during the course of this litigation.

         Accordingly, it is ORDERED that:

1. The Special Master's Report and Recommendation, ECF No. 1219, is hereby ADOPTED and incorporated by reference in this Order, and the proposed allocation is APPROVED.
2. The Court finds that the $18, 942, 070.77 available for a common benefit award is reasonable and directs that it be used for repayment of capital contributions, reimbursement of common benefit expenses, and awards of common benefit fees.
3. Each law firm that made a capital contribution to the Common Benefit Fund must receive reimbursement of the full amount of its contribution, without interest, in the total amount of $3, 610, 000.00, with each firm receiving the amount set forth below:

Firm

Total Capital

Robins Kaplan LLP

$500, 000.00

Cory Watson Attorneys

$500, 000.00

Aylstock, Witkin, Kreis & Overholtz, PLLC

$280, 000.00

Lieff Cabraser Heimann & Bernstein, LLP

$280, 000.00

Kirtland & Packard LLP

$280, 000.00

Napoli Shkolnik PLLC

$280, 000.00

Zimmerman Reed LLP

$280, 000.00

Levin Papantonio Thomas Mitchell Rafferty & Proctor P.A.

$280, 000.00

GoldenbergLaw, PLLC

$220, 000.00

Farr, Farr, Emerich, Hackett, Carr & Holmes P.A.

$220, 000.00

Pittman, Dutton & Hellums P.C.

$220, 000.00

Childers, Schlueter & Smith, LLC

$220, 000.00

Berger Montague

$50, 000.00

4. Common benefit expenses totaling $1, 539, 845.35, which were appropriately submitted as held costs pursuant to Common Benefit Order No. 1, must be reimbursed to the law firms claiming them, with each firm receiving the amount set forth below:

Firm

Total Expenses

Robins Kaplan LLP

$599, 306.06

Aylstock, Witkin, Kreis & Overholtz, PLLC

$294, 015.76

Cory Watson Attorneys

$202, 751.80

Lieff Cabraser Heimann & Bernstein, LLP

$145, 503.04

Levin Papantonio Thomas Mitchell Rafferty & Proctor P.A.

$91, 379.38

Kirtland & Packard LLP

$73, 853.19

GoldenbergLaw, PLLC

$41, 877.75

Meshbesher & Spence Lawyers

$25, 350.72

Farr, Farr, Emerich, Hackett, Carr & Holmes P.A.

$24, 481.33

Napoli Shkolnik PLLC

$22, 571.40

Zimmerman Reed LLP

$15, 377.65

Pittman, Dutton & Hellums P.C.

$3, 377.27

5. The additional $13, 660, 750 must be allocated and paid to the firms listed below in the percentages and amounts indicated:

Firm

Percentage Award

Fee Award

Robins Kaplan LLP

19.25%

$2, 629, 694.38

Cory Watson Attorneys

19.25%

$2, 629, 694.38

Aylstock, Witkin, Kreis & Overholtz, PLLC

19.25%

$2, 629, 694.38

Lieff Cabraser Heimann & Bernstein, LLP

7.00%

$956, 252.50

Kirtland & Packard LLP

6.00%

$819, 645.00

GoldenbergLaw, PLLC

6.00%

$819, 645.00

Napoli Shkolnik PLLC

4.75%

$648, 885.63

Farr, Farr, Emerich, Hackett, Carr & Holmes P.A.

4.75%

$648, 885.63

Zimmerman Reed LLP

3.00%

$409, 822.50

Levin Papantonio Thomas Mitchell Rafferty & Proctor P.A.

3.00%

$409, 822.50

Pittman, Dutton & Hellums P.C.

3.00%

$409, 822.50

Putnick Legal, LLC

2.00%

$273, 215.00

Berger Montague

0.50%

$68, 303.75

Meshbesher & Spence Lawyers

0.50%

$68, 303.75

Childers Schlueter & Smith

0.11%

$15, 026.83

Zonies Law, LLC

0.01%

$1, 366.08

Frohlich, Gordon & Beason, P.A.

0.01%

$1, 366.08

Restaino Law, LLC

0.01%

$1, 366.08


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