UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF PENNSYLVANIA

In re WELLBUTRIN SR

ANTITRUST LITIGATION

THIS DOCUMENT RELATES TO:

ALL END-PAYOR CLASS ACTIONS

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Civil Action No.: 04-cv-5898

Judge Lawrence F. Stengel

PLAINTIFFS’ UNOPPOSED MOTION FOR PRELIMINARY

APPROVAL OF TPP CLASS SETTLEMENT

Plaintiffs Government Employees Health Association, Inc., IBEW - NECA Local 505 

Health & Welfare Plan, A.F. of L. - A.G.C. Building Trades Welfare Plan, United Food and 

Commercial Workers Unions and Employers Midwest Health Benefits Fund, and Sidney

Hillman Health Center of Rochester, Inc. (collectively “class plaintiffs”), by their counsel 

(“proposed class counsel”), move for an order pursuant to Fed. R. Civ. P. 23(e):

1. Certifying, for settlement purposes, a proposed class of third party payors who, at 

any time during the period March 1, 2002 to December 31, 2006, paid or 

reimbursed for 100 mg and/or 150 mg Wellbutrin SR and/or its AB-rated generic 

equivalents, in the states of Arizona, Arkansas, California, Iowa, Florida, 

Massachusetts, Michigan, Minnesota, Missouri, Nevada, North Carolina, 

Pennsylvania, West Virginia and Wisconsin (the “class”);

2. Granting preliminary approval of a settlement of this action between the class 

and defendant SmithKline Beecham Corporation d/b/a GlaxoSmithKline 

(“GSK”);

3. Approving the proposed form and manner of notice to the class, plan of 

distribution, and claim form; 

4. Approving the proposed plan of allocation;

5. Appointing Rust Consulting, Inc. as settlement administrator; 

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6. Appointing Citizens Bank as escrow agent, approving the form of escrow 

agreement; and 

7. Authorizing a proposed schedule for completing the approval process. 

In support of this motion, class plaintiffs submit, as more fully described in their 

accompanying memorandum of law in support of the unopposed preliminary approval motion 

and exhibits thereto, that the settlement represents a beneficial result to the class in that it 

provides a cash payment to the class of $21.5 million in exchange for certain releases to GSK, 

and an agreement to dismiss this action with prejudice, as set forth in detail in the settlement 

agreement, annexed as Exhibit A to the accompanying memorandum of law. By this motion, 

plaintiffs also:

1. Submit for approval proposed forms of notice including procedures for objecting 

to the settlement, and plan for class members to be notified of the settlement by a 

combination of direct mail notice, supplemental publication notice in a widelyread insurance industry trade publication and in The Wall Street Journal, as well 

as an online informational website.

2. Submit for approval a proposed plan of distribution calling for the distribution of 

the settlement amount, net of attorneys’ fees and expenses, class contribution 

awards, and other costs as shall be allowed by the Court, to all class members pro 

rata based on their purchases of 100mg and 150mg Wellbutrin SR and/or the ABrated generic equivalents during the class period.

3. Propose Rust Consulting, Inc. (“Rust”) as settlement administrator. Rust is a 

highly experienced settlement administrator with special proficiency in the 

administration of claims involving purchases of pharmaceutical products. 

4. Propose Citizens Bank as escrow agent to administer the settlement fund. Citizens 

Bank's most direct corporate parent was established in 1828. Citizens Bank’s 

parent has approximately $132 billion in assets and operates 1,400 bank branches 

across 12 states. Citizens Bank was approved by the Court as escrow agent in the 

direct purchaser settlement.

5. Propose the following schedule for the provision of notice to class members of the 

settlement, class counsel’s application for attorneys’ fees, costs, and class 

representative contribution awards, class members’ filing of any objections to the 

settlement, and the holding of the hearing on final approval:

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Within 10 days from the filing 

of this motion.

GSK shall send notices pursuant to the Class Action 

Fairness Act. 1

Within 30 days from entry of 

preliminary approval order.

Notice is mailed to the third-party payors identified in 

Rust Consulting’s proprietary database.

Within 60 days from entry of 

preliminary approval order.

Notice is published in the paid media identified in 

Kinsella Media’s notice program.

Within 90 days from entry of 

preliminary approval order.

Class counsel will submit their motion for attorney 

fees, expenses, and contribution awards to the class 

representatives.

Within 120 days from entry of 

preliminary approval order.

Class members may submit any objection to the 

settlement or submit notice to be excluded from the 

settlement class; and if they wish to participate in the 

settlement they must submit their claim.

Within 150 days from entry of 

preliminary approval order.

Class counsel will submit a motion and memorandum 

in support of final approval of the settlement.

On a date to be set by the Court 

following class counsel’s 

submission of a motion for final 

approval.2

Court holds a final fairness hearing.

WHEREFORE, based on the foregoing, and for the reasons set forth in the accompanying 

memorandum of law and exhibits, plaintiff’s motion should be granted.

 

1

Pursuant to the Class Action Fairness Act of 2005 (“CAFA”), GSK is required to serve proposed settlement 

documents (i.e., a copy of the settlement agreement, the complaint, notice of scheduled hearings, and any proposed 

or final orders or judgments) on appropriate state and federal officials, including the U.S. Attorney General; state 

attorneys general for each state in which class members reside; and licensing or regulatory bodies, within 10 days of 

filing a proposed settlement with the Court. See 28 U.S.C. §1715.

2 An order giving final approval of a proposed settlement may not be issued earlier than 90 days after the date on 

which officials are served with notice of the settlement under CAFA.

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Dated: December 21, 2012

/s/ Joseph H. Meltzer

Joseph H. Meltzer

Terence Ziegler

KESSLER TOPAZ MELTZER 

& CHECK, LLP

280 King of Prussia Road

Radnor, PA 19087

Telephone: (610) 667-7706

/s/ Thomas M. Sobol

Thomas M. Sobol

David S. Nalven

Ed Notargiacomo

HAGENS BERMAN SOBOL SHAPIRO LLP

55 Cambridge Parkway, Suite 301

Cambridge, MA 02142

Telephone: (617) 482-3700

Proposed Class Counsel for the Proposed Class of Third Party Payors

CERTIFICATE OF SERVICE

I hereby certify that I have this day filed and served through the Court’s ECF system a 

true and correct copy of the foregoing.

/s/ Joseph H. Meltzer

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