`
`In re EPIPEN (EPINEPHRINE INJECTION,
`USP) MARKETING, SALES PRACTICES
`AND ANTITRUST ACTION
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`This Document Relates To:
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`CONSUMER CLASS CASES.
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`Civil Action No. 2:17-md-02785-DDC-TJJ
`(MDL No: 2785)
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`UNITED STATES DISTRICT COURT
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`DISTRICT OF KANSAS
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`CLASS PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL
`OF SETTLEMENT WITH THE MYLAN DEFENDANTS
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`
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`Plaintiff Class Representatives, on behalf of themselves and the certified Class (together,
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`“Class Plaintiffs”) and by and through their undersigned counsel, respectfully move the Court for
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`an order:
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`(i)
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`Preliminarily approving the terms of the proposed settlement between Class
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`Plaintiffs and Defendants Mylan N.V., Mylan Specialty L.P., Mylan Pharmaceuticals Inc., and
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`Heather Bresch (collectively, “Mylan”), and Viatris Inc. (collectively with Mylan, the “Mylan
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`Defendants”), which provides $264,000,000 in relief to the certified Class (the “Settlement”), as
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`set forth in the Settlement Agreement submitted herewith;
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`(ii)
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`Approving the form and content of the Notice of Proposed Settlement of Class
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`Action (“Notice”), Summary Notice, and claim forms attached as Exhibits B-D of the Settlement
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`Agreement;
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`(iii) Appointing A.B. Data, Ltd. (“Settlement Administrator”) to supervise and
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`administer the notice procedure as well as the processing of claims;
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`(iv)
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`Finding that the procedures for distribution of the Notice and Summary Notice in
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`the manner and form set forth in the Preliminary Approval Order constitute the best practicable
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`Case 2:17-md-02785-DDC-TJJ Document 2590 Filed 02/28/22 Page 2 of 4
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`notice under the circumstances and comply with the notice requirements of due process and Rule
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`23;
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`(v)
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`Setting a Hearing on Final Approval of Settlement, Approval of Plan of Allocation,
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`and Attorneys’ Fees, Expenses, and Service Awards (“Final Fairness Hearing”) and associated
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`deadlines in anticipation of that hearing; and
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`(vi)
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`Providing such other related relief as is set forth in the [Proposed] Order
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`Preliminarily Approving Settlement Pursuant to Fed. R. Civ. P. 23(e)(1), including a stay of
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`proceedings pending a final determination as to the approval of the Settlement.
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`The [Proposed] Order Preliminarily Approving Settlement Pursuant to Fed. R. Civ. P.
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`23(e)(1) is submitted herewith as Exhibit A to the Settlement Agreement and submitted to
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`chambers in Word format pursuant to the Local Rules.
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`DATED: February 28, 2022
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`Respectfully submitted,
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`
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`SHARP LAW LLP
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`/s/ Rex A. Sharp
`REX A. SHARP
`RYAN C. HUDSON
`W. GREG WRIGHT
`4820 West 75th Street
`Prairie Village, KS 66208
`Telephone: 913/901-0505
`913/901-0419 (fax)
`rsharp@midwest-law.com
`rhudson@midwest-law.com
`gwright@midwest-law.com
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`2
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`Case 2:17-md-02785-DDC-TJJ Document 2590 Filed 02/28/22 Page 3 of 4
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`ROBBINS GELLER RUDMAN
` & DOWD LLP
`PAUL J. GELLER
`STUART A. DAVIDSON
`120 East Palmetto Park Road, Suite 500
`Boca Raton, FL 33432
`Telephone: 561/750-3000
`561/750-3364 (fax)
`pgeller@rgrdlaw.com
`sdavidson@rgrdlaw.com
`bbeall@rgrdlaw.com
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`ROBBINS GELLER RUDMAN
` & DOWD LLP
`BRIAN O. O’MARA
`ARTHUR L. SHINGLER III
`655 West Broadway, Suite 1900
`San Diego, CA 92101
`Telephone: 619/231-1058
`619/231-7423 (fax)
`bomara@rgrdlaw.com
`ashingler@rgrdlaw.com
`lbays@rgrdlaw.com
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`KELLER ROHRBACK L.L.P.
`LYNN LINCOLN SARKO
`GRETCHEN FREEMAN CAPPIO
`1201 Third Avenue, Suite 3200
`Seattle, WA 98101
`Telephone: 206/623-1900
`206/623-3384 (fax)
`lsarko@kellerrohrback.com
`gcappio@kellerrohrback.com
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`BURNS CHAREST LLP
`WARREN T. BURNS
`SPENCER COX
`900 Jackson Street, Suite 500
`Dallas, TX 75202
`Telephone: 469/904-4550
`469/444-5002 (fax)
`wburns@burnscharest.com
`scox@burnscharest.com
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`3
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`Case 2:17-md-02785-DDC-TJJ Document 2590 Filed 02/28/22 Page 4 of 4
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`PRITZKER LEVINE LLP
`ELIZABETH C. PRITZKER
`JONATHAN K. LEVINE
`1900 Powell Street, Suite 450
`Emeryville, CA 94608
`Telephone: 415/692-0772
`415/366-6110 (fax)
`ecp@pritzkerlevine.com
`jkl@pritzkerlevine.com
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`Class Counsel and Liaison Counsel
`for Class Plaintiffs
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`CERTIFICATE OF SERVICE
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`I hereby certify that on February 28, 2022, I electronically filed the foregoing with the Clerk
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`of the Court by using the CM/ECF system, which will send a notice of electronic filing to parties and
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`attorneys who are filing users.
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`/s/ Rex A. Sharp
`Rex A. Sharp
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`4
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