19-23649-rdd Doc 3777 Filed 09/15/21 Entered 09/15/21 19:22:21 Main Document

Pg 1 of 3

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------- x
:
In re : Chapter 11
:
PURDUE PHARMA L.P., et al., : Case No. 19-23649 (RDD)
:
Debtors.1 : Jointly Administered
:
-------------------------------------------------------- x

UNITED STATES TRUSTEE’S NOTICE OF APPEAL OF

ADVANCE FUNDING ORDER

William K. Harrington, the United States Trustee for Region 2, appeals from the Order

(I) Authorizing the Debtors to Fund Establishment of the Creditor Trusts, the Master

Disbursement Trust and TopCo, (II) Directing Prime Clerk LLC to Release Certain Protected

Information, and (III) Granting Other Related Relief, entered on September 15, 2021, ECF Doc.

No. 3773. A copy of the order is attached as Exhibit A.

The names of the other parties to the orders appealed from and the names, addresses, and

telephone numbers of their respective attorneys are:

1
The Debtors in these cases, along with the last four digits of each Debtor’s registration
number in the applicable jurisdiction, are as follows: Purdue Pharma L.P. (7484), Purdue Pharma
Inc. (7486), Purdue Transdermal Technologies L.P. (1868), Purdue Pharma Manufacturing L.P.
(3821), Purdue Pharmaceuticals L.P. (0034), Imbrium Therapeutics L.P. (8810), Adlon
Therapeutics L.P. (6745), Greenfield BioVentures L.P. (6150), Seven Seas Hill Corp. (4591),
Ophir Green Corp. (4594), Purdue Pharma of Puerto Rico (3925), Avrio Health L.P. (4140),
Purdue Pharmaceutical Products L.P. (3902), Purdue Neuroscience Company (4712), Nayatt
Cove Lifescience Inc. (7805), Button Land L.P. (7502), Rhodes Associates L.P. (N/A), Paul
Land Inc. (7425), Quidnick Land L.P. (7584), Rhodes Pharmaceuticals L.P. (6166), Rhodes
Technologies (7143), UDF LP (0495), SVC Pharma LP (5717) and SVC Pharma Inc. (4014).
19-23649-rdd Doc 3777 Filed 09/15/21 Entered 09/15/21 19:22:21 Main Document
Pg 2 of 3

PARTY REPRESENTED BY:

Appellees
Purdue Pharma L.P. Marshall S. Huebner
Purdue Pharma Inc. Christopher Robertson
Purdue Transdermal Technologies L.P. Benjamin S. Kaminetzky
Purdue Pharma Manufacturing L.P. Timothy Graulich
Purdue Pharmaceuticals L.P. Eli Vonnegut
Imbrium Therapeutics L.P. Davis Polk & Wardwell LLP
Adlon Therapeutics L.P. 450 Lexington Avenue
Greenfield BioVentures L.P. New York, NY 10017
Seven Seas Hill Corp. Tel.: (212) 450-4000
Ophir Green Corp.
Purdue Pharma of Puerto Rico
Avrio Health L.P.
Purdue Pharmaceutical Products L.P.
Purdue Neuroscience Company
Nayatt Cove Lifescience Inc.
Button Land L.P.
Rhodes Associates L.P.
Paul Land Inc.
Quidnick Land L.P.
Rhodes Pharmaceuticals L.P.
Rhodes Technologies
UDF LP
SVC Pharma LP
SVC Pharma Inc.

Raymond Sackler Family/Side B of the Sackler Gerard Uzzi

Family Alexander B. Lees
Milbank LLP
55 Hudson Yards
New York, NY 10001
Tel.: (212) 530-5000
-and-
Gregory P. Joseph
Mara Leventhal
Joseph Hage Aaronson LLC
485 Lexington Avenue, 30th Floor
New York, NY 10017
Tel.: (212) 407-1200

Mortimer Sackler Family/Side A of the Sackler Jasmine Ball

Family Maura Kathleen Monaghan

2
19-23649-rdd Doc 3777 Filed 09/15/21 Entered 09/15/21 19:22:21 Main Document
Pg 3 of 3

Jeffrey J. Rosen
Debevoise & Plimpton LLP
919 Third Avenue
New York, NY 10022
Tel.: (212) 909-6000

Dated: New York, New York

September 15, 2021

Respectfully submitted,

WILLIAM K. HARRINGTON
UNITED STATES TRUSTEE, Region 2

By: /s/ Linda A. Riffkin

Linda A. Riffkin
Assistant United States Trustee

RAMONA D. ELLIOTT WILLIAM K. HARRINGTON

Deputy Director/General Counsel United States Trustee for Region 2
P. MATTHEW SUTKO LINDA A. RIFFKIN
Associate General Counsel Assistant United States Trustee
SUMI SAKATA PAUL K. SCHWARTZBERG
BETH LEVENE BENJAMIN J. HIGGINS
WENDY COX ANDREW D. VELEZ-RIVERA
Trial Attorneys Trial Attorneys

Department of Justice Department of Justice

Executive Office for Office of the United States Trustee
United States Trustees U.S. Federal Office Building
441 G Street, N.W., Suite 6150 201 Varick Street, Room 1006
Washington, DC 20530 New York, NY 10014
Tel.: (202) 307-1399 Tel: (212) 510-0500
Fax: (202) 307-2397 Fax: (212) 668-2255
Email: Linda.Riffkin@usdoj.gov

3
19-23649-rdd
19-23649-rddDoc 3773
Doc FiledFiled
3777-1 09/15/21 Entered
09/15/21 09/15/21
Entered 12:11:43
09/15/21 Main Exh.
19:22:21 Document
A-
Pg 1 Order
Advance Funding of 6 Pg 1 of 6

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF NEW YORK

:
In re: : Chapter 11
:
PURDUE PHARMA L.P., et al., : Case No. 19-23649 (RDD)
:
Debtors.1 : (Jointly Administered)
:

ORDER (I) AUTHORIZING THE DEBTORS TO FUND ESTABLISHMENT OF THE

CREDITOR TRUSTS, THE MASTER DISBURSEMENT TRUST AND TOPCO,
(II) DIRECTING PRIME CLERK LLC TO RELEASE CERTAIN PROTECTED
INFORMATION, AND (III) GRANTING OTHER RELATED RELIEF

Upon the motion (the “Motion”)2 of Purdue Pharma L.P. and its affiliated debtors in the

above-captioned chapter 11 cases, as debtors and debtors in possession (collectively, the

“Debtors”), pursuant to 11 U.S.C. §§ 105(a) and 363(b), for an order (this “Order”) (a) authorizing

the Debtors to advance the Proposed Advances to the Creditor Trusts,3 the Master Disbursement

Trust and TopCo to be used according to the Proposed Budgets, (b) directing Prime Clerk, as the

claims and noticing agent for the Debtors, to release the PI Data to the Proposed PI Trustee subject

to the Protective Order, and (c) granting other related relief; and the Court having jurisdiction to

decide the Motion and the relief requested therein in accordance with 28 U.S.C. §§ 157(a)-(b) and

1
The Debtors in these cases, along with the last four digits of each Debtor’s registration number in the applicable
jurisdiction, are as follows: Purdue Pharma L.P. (7484), Purdue Pharma Inc. (7486), Purdue Transdermal
Technologies L.P. (1868), Purdue Pharma Manufacturing L.P. (3821), Purdue Pharmaceuticals L.P. (0034), Imbrium
Therapeutics L.P. (8810), Adlon Therapeutics L.P. (6745), Greenfield BioVentures L.P. (6150), Seven Seas Hill Corp.
(4591), Ophir Green Corp. (4594), Purdue Pharma of Puerto Rico (3925), Avrio Health L.P. (4140), Purdue
Pharmaceutical Products L.P. (3902), Purdue Neuroscience Company (4712), Nayatt Cove Lifescience Inc. (7805),
Button Land L.P. (7502), Rhodes Associates L.P. (N/A), Paul Land Inc. (7425), Quidnick Land L.P. (7584), Rhodes
Pharmaceuticals L.P. (6166), Rhodes Technologies (7143), UDF LP (0495), SVC Pharma LP (5717) and SVC Pharma
Inc. (4014). The Debtors’ corporate headquarters is located at One Stamford Forum, 201 Tresser Boulevard, Stamford,
CT 06901.
2
Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms
in the Motion.
3
For the avoidance of doubt, for the purposes of the Order, the terms “Creditor Trust” and “Creditor Trusts” shall not
include the PI Futures Trust.
19-23649-rdd
19-23649-rddDoc 3773
Doc FiledFiled
3777-1 09/15/21 Entered
09/15/21 09/15/21
Entered 12:11:43
09/15/21 Main Exh.
19:22:21 Document
A-
Pg 2 Order
Advance Funding of 6 Pg 2 of 6

1334(b) and the Amended Standing Order of Reference from the United States District Court for

the Southern District of New York, dated January 31, 2012 (Preska, C.J.); and consideration of the

Motion and the requested relief being a core proceeding pursuant to 28 U.S.C. § 157(b); and venue

being proper before the Court pursuant to 28 U.S.C. §§ 1408 and 1409; and due and proper notice

of the relief requested in the Motion having been provided; such notice having been adequate and

appropriate under the circumstances, and it appearing that no other or further notice need be

provided; and upon the limited objections to the Motion; and the Court having held a hearing to

consider the relief requested in the Motion on September 13, 2021 (the “Hearing”); and upon the

record of the Hearing, and upon all of the proceedings had before the Court; and after due

deliberation and for the reasons stated by the Court in its bench ruling at the Hearing the Court

having determined that the legal and factual bases set forth in the Motion establish good and

sufficient cause for the relief granted herein, that the Motion is a proper exercise of the Debtors’

business judgment, and that such relief and is in the best interests of the Debtors, their estates, their

creditors and all parties in interest; now, therefore,

IT IS HEREBY ORDERED THAT:

1. The Motion is GRANTED as set forth herein, and the limited objections to the

Motion are overruled, in part because of the Debtors’ waiver at the Hearing of their right to argue

that the grant of this Order and the implementation of the relief granted herein would render any

appeal of the Court’s confirmation of the Debtors’ amended chapter 11 plan equitably moot.

2. The Debtors are authorized, but not directed, pursuant to section 363(b) of the

Bankruptcy Code, to fund the NOAT Advance in the amount of $1,220,250 to be used substantially

in accordance with the NOAT Advance Budget. The NOAT Advance shall be deducted from the

Initial NOAT Distribution otherwise payable to NOAT on the Effective Date.

2
19-23649-rdd
19-23649-rddDoc 3773
Doc FiledFiled
3777-1 09/15/21 Entered
09/15/21 09/15/21
Entered 12:11:43
09/15/21 Main Exh.
19:22:21 Document
A-
Pg 3 Order
Advance Funding of 6 Pg 3 of 6

3. The Debtors are authorized, but not directed, pursuant to section 363(b) of the

Bankruptcy Code, to fund the TAFT Advance in the amount of $256,750 to be used substantially

in accordance with the TAFT Advance Budget. The TAFT Advance shall be deducted from the

Initial Tribe Trust Distribution otherwise payable to the Tribe Trust on the Effective Date.

4. The Debtors are authorized, but not directed, pursuant to section 363(b) of the

Bankruptcy Code, to fund the Hospital Trust Advance in the amount of $51,968 to be used

substantially in accordance with the Hospital Trust Advance Budget. The Hospital Trust Advance

shall be deducted from the Initial Hospital Trust Distribution otherwise payable to the Hospital

Trust on the Effective Date.

5. The Debtors are authorized, but not directed, pursuant to section 363(b) of the

Bankruptcy Code, to fund the TPP Trust Advance in the amount of $87,000 to be used substantially

in accordance with the TPP Trust Advance Budget. The TPP Trust Advance shall be deducted

from the Initial TPP Trust Distribution otherwise payable to the TPP Trust on the Effective Date.

6. The Debtors are authorized, but not directed, pursuant to section 363(b) of the

Bankruptcy Code, to fund the NAS Monitoring Trust Advance in the amount of $50,000 to be used

substantially in accordance with the NAS Monitoring Trust Advance Budget. The NAS

Monitoring Trust Advance shall be deducted from the Initial NAS Monitoring Trust Distribution

otherwise payable to the NAS Monitoring Trust on the Effective Date.

7. The Debtors are authorized, but not directed, pursuant to section 363(b) of the

Bankruptcy Code, to fund the PI Trust Advance in the amount of $4,012,500.004 to be used

4
Consistent with the Confirmation Order, the PI Trust may be established contemporaneously with the PI Trust
Advance to ensure that any funds the Debtors advance hereunder are so advanced with maximum tax efficiency. Any
funds advanced to the PI Trust pursuant to this Order shall be received by the PI Trust in its capacity as a Qualified
Settlement Fund within the meaning of Treasury Regulation Section 1.468B-1 and treated accordingly for tax
purposes, consistent with the Confirmation Order.

3
19-23649-rdd
19-23649-rddDoc 3773
Doc FiledFiled
3777-1 09/15/21 Entered
09/15/21 09/15/21
Entered 12:11:43
09/15/21 Main Exh.
19:22:21 Document
A-
Pg 4 Order
Advance Funding of 6 Pg 4 of 6

substantially in accordance with the PI Trust Advance Budget. The PI Trust Advance shall be

deducted from the Initial PI Trust Distribution otherwise payable to the PI Trust on the Effective

Date, but shall not reduce or otherwise impact the amount or schedule of payments to be made to

the Department of Justice under the United States-PI Claimant Medical Expense Claim Settlement.

8. The Debtors are authorized, but not directed, pursuant to section 363(b) of the

Bankruptcy Code, to fund the MDT Advance in the amount of $951,000 to be used substantially

in accordance with the MDT Advance Budget. The MDT Advance shall be deducted from the

MDT Operating Reserve funded by the proceeds of the MDT Transferred Assets otherwise

transferred to the Master Disbursement Trust on the Effective Date.

9. The Debtors are authorized, but not directed, pursuant to section 363(b) of the

Bankruptcy Code, to fund the TopCo Advance in the amount of $226,000 to be used substantially

in accordance with the TopCo Advance Budget. 97% of the TopCo Advance shall be deducted

from the Initial NOAT Distribution to be made on the Effective Date and 3% of the TopCo

Advance shall be deducted from the first distribution made on account of the TopCo Tribe Interest.

10. The Proposed Advances will be disbursed directly to any entity that is formed or

established prior to or simultaneously with the disbursement of the Proposed Advances. If the

entity to receive a Proposed Advance is not yet established at the time the Debtors disburse the

Proposed Advance, the Debtors shall in their discretion either make the payments set forth in the

applicable Proposed Budget (a) to an escrow account established and overseen by the applicable

constituent creditor group that submitted the applicable Proposed Budget to be used to fund

expenses contemplated by the applicable Proposed Budget, or (b) directly at the direction of the

applicable constituent creditor group. All parties responsible for disbursement of the Proposed

Advances shall use or direct such funds solely for purposes contemplated by the applicable

4
19-23649-rdd
19-23649-rddDoc 3773
Doc FiledFiled
3777-1 09/15/21 Entered
09/15/21 09/15/21
Entered 12:11:43
09/15/21 Main Exh.
19:22:21 Document
A-
Pg 5 Order
Advance Funding of 6 Pg 5 of 6

Proposed Budget, and any portion of the Proposed Advances remaining unused as of the Effective

Date of the Plan shall be treated consistently with all other funds to be distributed to the applicable

entity under the Plan.

11. If the Debtors become unwilling or unable to consummate the Plan after some or

all the Proposed Advances have been issued, any unused portion of the Proposed Advances and

any work completed using the Proposed Advances will be required (subject, in the case of such

completed work, to applicable law, contractual restriction, attorney-client or other applicable

privilege, work product doctrine or order of the Court) to be returned to the Debtors, the Debtors

shall be required to re-notice the Motion, and absent further authorization from the Court, payment

of the Proposed Advances to the PI Trust, the NAS Monitoring Trust, the Third-Party Payor Trust,

TAFT, the Hospital Trust and NOAT shall be recharacterized and/or reallocated pursuant to

sections 502 or 506(b) of the Bankruptcy Code as payments on account of the claims asserted by

the Holders of the applicable Claims, and payment of the TopCo Advance shall be recharacterized

and/or reallocated pursuant to sections 502 or 506(b) of the Bankruptcy Code with 97% of the

TopCo Advance treated as a payment on account of the Non-Federal Domestic Governmental

Claims and 3% of the TopCo Advance treated as a payment on account of the Tribe Claims.

12. The funding of the Proposed Advances shall not prejudice any appeals of the

confirmation of the Plan and the fact of such Proposed Advances having been paid prior to the

Effective Date of the Plan shall not support any argument that any such appeals are equitably moot.

13. Prime Clerk is authorized and directed to provide the PI Data to the Proposed PI

Trustee, which data shall include, at a minimum, the following information from all Proofs of

Claim filed by Holders of PI Claims: (1) claim number; (2) full name; (3) date of birth; (4) Social

Security Number; (5) address and/or contact information; and (6) representative contact

5
19-23649-rdd
19-23649-rddDoc 3773
Doc FiledFiled
3777-1 09/15/21 Entered
09/15/21 09/15/21
Entered 12:11:43
09/15/21 Main Exh.
19:22:21 Document
A-
Pg 6 Order
Advance Funding of 6 Pg 6 of 6

information, if any. The PI Data shall be used solely in accordance with the Protective Order and

only for the activities set forth in the PI Trust Advance Budget and activities ancillary thereto. The

Proposed PI Trustee, in his sole discretion, may provide some or all of the PI Data to MASSIVE

and Protiviti, to his partners, associates, employees and agents, and to third-party vendors engaged

to assist in his work as Proposed PI Trustee or as PI Trustee, and, also in his sole discretion, to

those Holders of Third-Party Payor Claims who (i) if prior to the Effective Date, have committed

in writing to become parties to the LRP Agreement as of the Effective Date and to use the PI Data

so received only for the for the limited purposes of resolving liens under the LRP Agreement and

proving claims under the PI TDP, or (ii) if Post-Effective Date, have become parties to the LRP

Agreement.

14. The contents of the Motion and the notice procedures set forth therein are good and

sufficient notice and satisfy the Bankruptcy Rules and the Local Rules, and no other or further

notice of the Motion or the entry of this Order shall be required.

15. The Debtors are authorized to take all actions necessary to effectuate the relief

granted in this Order in accordance with the Motion.

16. The terms and conditions of this Order shall be immediately effective and

enforceable upon its entry.

17. The Court retains jurisdiction with respect to all matters arising from or related to

the implementation of this Order.

Dated: September 15, 2021

White Plains, New York
__/s/Robert D. Drain_________
THE HONORABLE ROBERT D. DRAIN
UNITED STATES BANKRUPTCY JUDGE

6
 19-23649-rdd Doc 3777-2 Filed 09/15/21
JS 44C/SDNY CIVIL COVER Entered
SHEET 09/15/21 19:22:21 Civil Cover
REV. Sheet Pg 1 of 4
10/01/2020 The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or
other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the
United States in September 1974, is required for use of the Clerk of Court for the purpose of initiating the civil docket sheet.

PLAINTIFFS DEFENDANTS
WILLIAM K. HARRINGTON, UNITED STATES TRUSEE PURDUE PHARMA L.P. et al.
See Attachment A for listing of appellees

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER ATTORNEYS (IF KNOWN)
See Attachment A See Attachment A

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE)
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

28 U.S.C. 158- appeal from advance funding order entered by the United States Bankruptcy Court for the Southern District of New York

Judge Previously Assigned

Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? No ✔ Yes

If yes, was this case Vol. Invol. Dismissed. No Yes If yes, give date _______________________ & Case No. ______________________

IS THIS AN INTERNATIONAL ARBITRATION CASE? No ✖ Yes

(PLACE AN [x] IN ONE BOX ONLY) NATURE OF SUIT

TORTS ACTIONS UNDER STATUTES

CONTRACT PERSONAL INJURY PERSONAL INJURY FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

[ ] 367 HEALTHCARE/
PHARMACEUTICAL PERSONAL [ ] 375 FALSE CLAIMS
[ ] 110 INSURANCE [ ] 310 AIRPLANE [ ] 625 DRUG RELATED [✖] 422 APPEAL
[ ] 120 MARINE [ ] 315 AIRPLANE PRODUCT INJURY/PRODUCT LIABILITY 28 USC 158 [ ] 376 QUI TAM
SEIZURE OF PROPERTY
[ ] 130 MILLER ACT LIABILITY [ ] 365 PERSONAL INJURY 21 USC 881 [ ] 423 WITHDRAWAL [ ] 400 STATE
[ ] 140 NEGOTIABLE [ ] 320 ASSAULT, LIBEL & PRODUCT LIABILITY 28 USC 157 REAPPORTIONMENT
[ ] 690 OTHER
INSTRUMENT SLANDER [ ] 368 ASBESTOS PERSONAL [ ] 410 ANTITRUST
[ ] 150 RECOVERY OF [ ] 330 FEDERAL INJURY PRODUCT [ ] 430 BANKS & BANKING
OVERPAYMENT & EMPLOYERS' LIABILITY PROPERTY RIGHTS [ ] 450 COMMERCE
ENFORCEMENT LIABILITY [ ] 460 DEPORTATION
OF JUDGMENT [ ] 340 MARINE PERSONAL PROPERTY [ ] 820 COPYRIGHTS [ ] 880 DEFEND TRADE SECRETS ACT [ ] 470 RACKETEER INFLU-
[ ] 151 MEDICARE ACT [ ] 345 MARINE PRODUCT [ ] 830 PATENT ENCED & CORRUPT
[ ] 152 RECOVERY OF LIABILITY [ ] 370 OTHER FRAUD ORGANIZATION ACT
[ ] 835 PATENT-ABBREVIATED NEW DRUG APPLICATION
DEFAULTED [ ] 350 MOTOR VEHICLE [ ] 371 TRUTH IN LENDING (RICO)
STUDENT LOANS [ ] 355 MOTOR VEHICLE [ ] 840 TRADEMARK [ ] 480 CONSUMER CREDIT
(EXCL VETERANS) PRODUCT LIABILITY SOCIAL SECURITY
[ ] 153 RECOVERY OF [ ] 485 TELEPHONE CONSUMER
[ ] 360 OTHER PERSONAL
OVERPAYMENT INJURY [ ] 380 OTHER PERSONAL LABOR [ ] 861 HIA (1395ff) PROTECTION ACT
OF VETERAN'S [ ] 362 PERSONAL INJURY - PROPERTY DAMAGE [ ] 862 BLACK LUNG (923)
BENEFITS MED MALPRACTICE [ ] 385 PROPERTY DAMAGE [ ] 710 FAIR LABOR [ ] 863 DIWC/DIWW (405(g)) [ ] 490 CABLE/SATELLITE TV
[ ] 160 STOCKHOLDERS PRODUCT LIABILITY STANDARDS ACT [ ] 864 SSID TITLE XVI [ ] 850 SECURITIES/
SUITS [ ] 720 LABOR/MGMT [ ] 865 RSI (405(g)) COMMODITIES/
[ ] 190 OTHER PRISONER PETITIONS RELATIONS EXCHANGE
CONTRACT [ ] 463 ALIEN DETAINEE [ ] 740 RAILWAY LABOR ACT [ ] 890 OTHER STATUTORY
[ ] 195 CONTRACT [ ] 510 MOTIONS TO [ ] 751 FAMILY MEDICAL FEDERAL TAX SUITS
ACTIONS
PRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE LEAVE ACT (FMLA)
LIABILITY 28 USC 2255 [ ] 870 TAXES (U.S. Plaintiff or [ ] 891 AGRICULTURAL ACTS
[ ] 196 FRANCHISE CIVIL RIGHTS [ ] 530 HABEAS CORPUS [ ] 790 OTHER LABOR Defendant) [ ] 893 ENVIRONMENTAL
[ ] 535 DEATH PENALTY LITIGATION [ ] 871 IRS-THIRD PARTY MATTERS
[ ] 540 MANDAMUS & OTHER [ ] 791 EMPL RET INC 26 USC 7609 [ ] 895 FREEDOM OF
[ ] 440 OTHER CIVIL RIGHTS
SECURITY ACT (ERISA) INFORMATION ACT
(Non-Prisoner)
REAL PROPERTY [ ] 896 ARBITRATION
[ ] 441 VOTING IMMIGRATION [ ] 899 ADMINISTRATIVE
[ ] 210 LAND [ ] 442 EMPLOYMENT PRISONER CIVIL RIGHTS
CONDEMNATION [ ] 443 HOUSING/ [ ] 462 NATURALIZATION PROCEDURE ACT/REVIEW OR
[ ] 220 FORECLOSURE ACCOMMODATIONS [ ] 550 CIVIL RIGHTS APPLICATION APPEAL OF AGENCY DECISION
[ ] 230 RENT LEASE & [ ] 445 AMERICANS WITH [ ] 555 PRISON CONDITION [ ] 465 OTHER IMMIGRATION [ ] 950 CONSTITUTIONALITY OF
EJECTMENT DISABILITIES - [ ] 560 CIVIL DETAINEE ACTIONS
EMPLOYMENT STATE STATUTES
[ ] 240 TORTS TO LAND CONDITIONS OF CONFINEMENT
[ ] 245 TORT PRODUCT [ ] 446 AMERICANS WITH
LIABILITY DISABILITIES -OTHER
[ ] 290 ALL OTHER [ ] 448 EDUCATION
REAL PROPERTY

Check if demanded in complaint:

DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.
CHECK IF THIS IS A CLASS ACTION AS DEFINED BY LOCAL RULE FOR DIVISION OF BUSINESS 13?
UNDER F.R.C.P. 23 IF SO, STATE:
Hon. Nelson S. Roman
DEMAND $______________ OTHER ______________ JUDGE _________________________________ 7:21-cv-07532
DOCKET NUMBER_________________

Check YES only if demanded in complaint

JURY DEMAND: YES NO NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).
 19-23649-rdd Doc 3777-2 Filed 09/15/21 Entered 09/15/21 19:22:21 Civil Cover
(PLACE AN x IN ONE BOX ONLY)
Sheet Pg 2 of 4
ORIGIN
Multidistrict Appeal to District
✖ 1 Original 2 Removed from 3 Remanded 4 Reinstated or 5 Transferred from 6 Litigation
7 Judge from
Proceeding State Court from Reopened (Specify District)
(Transferred) Magistrate Judge
Appellate
✖ a. all parties represented Court
8 Multidistrict Litigation (Direct File)
b. At least one party
is pro se.
(PLACE AN x IN ONE BOX ONLY) BASIS OF JURISDICTION IF DIVERSITY, INDICATE
✖ 1 U.S. PLAINTIFF 2 U.S. DEFENDANT 3 FEDERAL QUESTION 4 DIVERSITY CITIZENSHIP BELOW.
(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one box for Plaintiff and one box for Defendant)

PTF DEF PTF DEF PTF DEF

CITIZEN OF THIS STATE [ ]1 [ ]1 CITIZEN OR SUBJECT OF A [ ]3[ ]3 INCORPORATED and PRINCIPAL PLACE [ ]5 [ ]5
FOREIGN COUNTRY OF BUSINESS IN ANOTHER STATE

CITIZEN OF ANOTHER STATE [ ]2 [ ]2 INCORPORATED or PRINCIPAL PLACE [ ]4[ ]4 FOREIGN NATION [ ]6 [ ]6

OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

DEFENDANT(S) ADDRESS UNKNOWN

REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
THE RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

COURTHOUSE ASSIGNMENT
I hereby certify that this case should be assigned to the courthouse indicated below pursuant to Local Rule for Division of Business 18, 20 or 21.

Check one: THIS ACTION SHOULD BE ASSIGNED TO: ✖ WHITE PLAINS MANHATTAN
/s/ Linda A. Riffkin
DATE 9/15/2021 ADMITTED TO PRACTICE IN THIS DISTRICT
SIGNATURE OF ATTORNEY OF RECORD [ ] NO
[✖] YES (DATE ADMITTED Mo. Nov.
_______ Yr. 1985
_______)
RECEIPT # Attorney Bar Code # 2017689

Magistrate Judge is to be designated by the Clerk of the Court.

Magistrate Judge _________________________________________________________ is so Designated.

Ruby J. Krajick, Clerk of Court by _____________ Deputy Clerk, DATED _____________________.

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

19-23649-rdd Doc 3777-2 Filed 09/15/21 Entered 09/15/21 19:22:21 Civil Cover
Sheet Pg 3 of 4

Attachment A

Appellant Appellant’s Attorneys

William K. Harrington, United States Trustee Linda A. Riffkin

Assistant United States Trustee
Paul K. Schwartzberg
Benjamin J. Higgins
Andrew D. Velez-Rivera
Trial Attorneys
Department of Justice
Office of the United States Trustee
U.S. Federal Office Building
201 Varick Street, Room 1006
New York, NY 10014
Tel: (212) 510-0500
Fax: (212) 668-2255
Email: Linda.Riffkin@usdoj.gov

Appellees Appellees’ Attorneys

Purdue Pharma L.P., Marshall S. Huebner

Christopher Robertson
Purdue Pharma Inc., Benjamin S. Kaminetzky
Timothy Graulich
Purdue Transdermal Technologies L.P., Eli Vonnegut
Davis Polk & Wardwell LLP
Purdue Pharma Manufacturing L.P., 450 Lexington Avenue
New York, NY 10017
Purdue Pharmaceuticals L.P., Tel.: (212) 450-4000

Imbrium Therapeutics L.P.,

Adlon Therapeutics L.P.,

Greenfield BioVentures L.P.,

Seven Seas Hill Corp.,

Ophir Green Corp.,

Purdue Pharma of Puerto Rico,

Avrio Health L.P.,

Purdue Pharmaceutical Products L.P.,

19-23649-rdd Doc 3777-2 Filed 09/15/21 Entered 09/15/21 19:22:21 Civil Cover
Sheet Pg 4 of 4

Purdue Neuroscience Company,

Nayatt Cove Lifescience Inc.,

Button Land L.P.,

Rhodes Associates L.P.

Paul Land Inc.,

Quidnick Land L.P.,

Rhodes Pharmaceuticals L.P.,

Rhodes Technologies,

UDF LP,

SVC Pharma LP, and

SVC Pharma Inc.

The Raymond Sackler Family/Side B of the Gerard Uzzi

Sackler Family Alexander B. Lees
Milbank LLP
55 Hudson Yards
New York, NY 10001
Tel.: (212) 530-5000
-and-
Gregory P. Joseph
Mara Leventhal
Joseph Hage Aaronson LLC
485 Lexington Avenue, 30th Floor
New York, NY 10017
Tel.: (212) 407-1200

The Mortimer Sackler Family/Side A of the Jasmine Ball

Sackler Family Maura Kathleen Monaghan
Jeffrey J. Rosen
Debevoise & Plimpton LLP
919 Third Avenue
New York, NY 10022
Tel.: (212) 909-6000
 19-23649-rdd Doc 3777-3 Filed 09/15/21 Entered 09/15/21 19:22:21 Related
Case Statement Pg 1 of 2
IH-32 Rev: 2014-1

United States District Court

for the

Southern District of New York

Related Case Statement

!
Full Caption of Later Filed Case:

(In re Purdue Pharma L.P.)

William K. Harrington, United States

Trustee
Plaintiff Case Number

vs.

!!
Purdue Pharma L.P.

Defendant

Full Caption of Earlier Filed Case:

(including in bankruptcy appeals the relevant adversary proceeding)

!!
(In re Purdue Pharma L.P.)

The State of Washington

Plaintiff Case Number

7:21-cv-07532-NSR
vs.

!!
Purdue Pharma L.P.

Defendant
!

Page !1
 19-23649-rdd Doc 3777-3 Filed 09/15/21 Entered 09/15/21 19:22:21 Related
Case Statement Pg 2 of 2
IH-32 Rev: 2014-1

Status of Earlier Filed Case:

(If so, set forth the procedure which resulted in closure, e.g., voluntary
____ Closed dismissal, settlement, court decision. Also, state whether there is an appeal
pending.)

____ Open (If so, set forth procedural status and summarize any court rulings.)

!
!
Bankruptcy Appeal - Docketed on September 9, 2021.

!
Note: Another earlier filed related appeal styled The District of Columbia v. Purdue Pharma L.P. (In re Purdue
!
Pharma L.P.), Case Number 7:21-cv-7585-NSR, was docketed on September 10, 2021 and referred to Judge
!
Nelson S. Roman.
!
!
!
Explain in detail the reasons for your position that the newly filed case is related to the
earlier filed case.
!
!
This appeal challenges the decision of the United States Bankruptcy Court for the Southern
!
District of New York approving funding and other actions in furtherance of the debtors' plan
!
of reorganization in In re Purdue Pharma L.P., Case No. 19-23649 (RDD). This order is
!
closely connected with the Bankruptcy Court's order confirming the plan, which is the subject
!
of the two related appeals. The United States Trustee by separate notice has also appealed
!
the confirmation order.
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
! /s/ Linda A. Riffkin, Assistant United States Attorney
Sept. 15, 2021
Signature: ________________________________________ Date: __________________!
!
! Department of Justice
Office of the United States Trustee
Firm: ________________________________________

Page !2