United States of America et al v. Somina, Inc., et al.

Filing 199

ORDER signed by Magistrate Judge Erica P. Grosjean on March 1, 2022, as follows: IT IS HEREBY ORDERED that, pursuant to the parties' stipulation (ECF No. 198 ), the Scheduling Order (ECF No. 76 ) as previously modified (ECF Nos. 116 , 142 , 145 , 149 , 192 , 194 ) is further modified to extend the date for filing dispositive motions to April 29, 2022. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES and the STATE OF
CALIFORNIA ex rel. NICOLLE
O’NEILL, et al.,

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Plaintiffs/Relator,

Case No. 1:15-cv-00433-DAD-EPG

ORDER GRANTING JOINT STIPULATION
TO CONTINUE SCHEDULE

v.
(ECF No. 198)
SOMNIA, INC., et al.,
Defendants.

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Before the Court is the parties’ stipulation seeking to modify the scheduling order in this

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case. (ECF No. 198). This is the parties’ seventh request to modify the scheduling order. (See

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ECF Nos. 116, 142, 145, 149, 192, 194, 198).

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Having reviewed the stipulation, the Court will grant the parties’ request. As grounds, the

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parties state that “the United States and State of California have consented to the agreement in

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principle to settle the federal and state False Claims Act claims, contingent on the execution of a

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written settlement agreement and release” and “Relator and the Somnia Defendants are still

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engaged in settlement discussions on Relator’s personal claims against the Somnia Defendants at

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Counts IV–VIII of the Second Amended Complaint” and “on Relator’s claim for attorney’s fees

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and costs against the Somnia Defendants with respect to Counts I–III of the Second Amended

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Complaint.” (ECF No. 198, p. 3). The parties wish to preserve their ability to move for summary
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judgment if they are unable to reach a settlement. (Id.).

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Accordingly, IT IS HEREBY ORDERED that, pursuant to the parties’ stipulation (ECF

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No. 198), the Scheduling Order (ECF No. 76) as previously modified (ECF Nos. 116, 142, 145,

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149, 192, 194) is further modified to extend the date for filing dispositive motions to April 29,

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2022.

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IT IS SO ORDERED.
Dated:

March 1, 2022

/s/
UNITED STATES MAGISTRATE JUDGE

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