United States District Court, S.D. New York
August 17, 2005.
IN RE: REZULIN PRODUCTS LIABILITY LITIGATION (MDL-1348) This Document Relates To: All Cases.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
SECOND APPLICATION OF SPECIAL MASTER FOR REFUND OF EXCESS FUNDS
IN INTERIM CRIS ACCOUNT
Pursuant to Paragraph 6 of Pre-Trial Order No. 297, the Special
Master, Michele Rosenberg, hereby applies to the Court for an
Order authorizing a refund of excess holdback funds in the
Interim CRIS Account. The refund is sought in connection with
Master Settlement Agreement ("MSA") between Warner Lambert LLC,
Pfizer Inc., and Robinson Calcagnie & Robinson; Lopez Hodes
Restaino Milman & Skikos; and Sherman Salkow Petoyan & Weber (MSA
of January 26, 2004), for the reason and in the amount described
in the Fourth Application of Warner-Lambert Defendants for Refund
of Excess Funds in Interim CRIS Account ("Defendants'
Application"). Defendants' Application is attached hereto and
made a part hereof. The refund amount is specified in Defendants'
Application, except that this amount is before interest which I
shall calculate and add. I have reviewed and carefully considered
Defendants' Application, and have determined that such request is
justified in the circumstances and under the terms of Pretrial
Order Nos. 67, 128 and 230. Pursuant to my request, and to assure proper filing and service
upon all affected parties, Counsel for the Warner-Lambert
Defendants have advised me that they have served this Application
in accordance with the attached Certificate of Service.
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