Solis v. Millennium Pharmaceuticals, Inc. et al

Filing 38

ORDER TO UNSEAL signed by Chief Judge Morrison C. England, Jr on 12/20/12 ORDERING that the complaint, this Order and the Government's Notice of Election be unsealed; all other contents of the Court's file shall remain under seal; the seal shall be lifted as to all other matters occurring in this action after the date of this Order; the parties shall serve all pleadings and motions filed in this action upon the United States; the parties shall serve all notices of appeal upon the United States; all orders of this Court shall be sent to the United States. (Manzer, C)

1 BENJAMIN B. WAGNER
United States Attorney
2 CATHERINE J. SWANN
Assistant U.S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
5
TONY WEST
6 Assistant Attorney General
JOYCE R. BRANDA
7 JAMIE YAVELBERG
JAY D. MAJORS
8 Department of Justice
Civil Division
9 Commercial Litigation Branch
P. O. Box 261
10 Benjamin Franklin Station
Washington, D.C. 20044
11 Telephone: [phone]
Facsimile: [phone]
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SEALED

13 Attorneys for the United States of America
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

16 UNITED STATES OF AMERICA and the STATES OF
ARKANSAS, CALIFORNIA, DELAWARE, DISTRICT
17 OF COLUMBIA, FLORIDA, GEORGIA, HAWAII,
ILLINOIS, INDIANA, LOUISIANA,
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MASSACHUSETTS, MICHIGAN, MONTANA,
19 NEVADA, NEW HAMPSHIRE, NEW JERSEY, NEW
MEXICO, NEW YORK, OKLAHOMA, RHODE
20 ISLAND, TENNESSEE, TEXAS, VIRGINIA, and
WISCONSIN ex rel. FRANK SOLIS,
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Plaintiffs,
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2:09 - CV - 3010 MCE JFM
ORDER RE GOVERNMENT’S
ELECTION TO DECLINE
INTERVENTION

[FILED UNDER SEAL]

vs.

24 MILLENNIUM PHARMACEUTICALS, INC.,
SCHERING-PLOUGH CORP.,
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Defendants.
The United States having declined to intervene in this action pursuant to the False Claims Act,

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1 31 U.S.C. § 3730(b)(4)(B), the Court rules as follows:
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IT IS ORDERED that,

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1. The complaint be unsealed and served upon the defendant by the relator;

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2. All other contents of the Court's file in this action remain under seal and not be made public

5 or served upon the defendant, except for this Order and The Government's Notice of Election to Decline
6 Intervention, which the relator will serve upon the defendant only after service of the complaint;
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3. The seal be lifted as to all other matters occurring in this action after the date of this Order;

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4. The parties shall serve all pleadings and motions filed in this action, including supporting

9 memoranda, upon the United States, as provided for in 31 U.S.C. § 3730(c)(3). The United States may
10 order any deposition transcripts and is entitled to intervene in this action, for good cause, at any time;
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5. The parties shall serve all notices of appeal upon the United States;

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6. All orders of this Court shall be sent to the United States; and that

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7. Should the relator or the defendant propose that this action be dismissed, settled, or otherwise

14 discontinued, the Court will provide the United States with notice and an opportunity to be heard before
15 ruling or granting its approval.
IT IS SO ORDERED.

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17 Dated: December 20, 2012
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_________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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DEAC_Signature-END:

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