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IN RE REZULIN PRODUCTS LIABILITY LITIGATION

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.

  SO ORDERED.

20050817

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